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germane cert grant

By cdw

cert grant on Atkins: Whether a state is constitutionally barred from challenging the claim of mental retardation of an individual it seeks to execute for crime, if a state court had once found the person to be retarded even while upholding a death sentence.  The case of Bobby v. Bies (08-598) involves an Ohio case that basically revolves around a ?double jeopardy? issue.  Specifically, it is whether it is unconstitutional double jeopardy if a state begins a new challenge to a convicted killer?s mental retardation, if a state court had previously found the individual to be retarded ? thus possibly settling an ultimate issue so that it could not be pursued anew later.

Full post as published by Capital Defense Weekly on January 16, 2009 (boomark / email).