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SCOTUS completely its capital case error-correction in Bobby v. Bies

By Douglas A. Berman

As documented by the fact that not a single amicus brief was filed in the capital case Bobby v. Bies (08-598), it seemed that the Supreme Court took up the case merely to correct what it perceived to be an erroneous reversal of a death sentence by the Sixth Circuit.  As detailed in this SCOTUSblog post, this stark example of capital case error correction was completed by the Justices this morning: The Court has released the opinion in Bobby v. Bies (08-598), on double jeopardy protections in post-conviction hearings on an inmate?s mental competency.  The decision below, which held for the capital defendant, is reversed and remanded in a unanimous opinion by Justice Ginsburg, available here. When I get a chance to review the opinion, I may have more to say about the Court's work and its initial decision to take up the case...continue to full post

Full post as published by Sentencing Law and Policy on June 01, 2009 (boomark / email).