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Bobby v. Bies

By Karl R. Keys, Esq.

via SCOTUSBlog: On Monday, the Court released its opinion in Bobby v. Bies, unanimously reversing the Sixth Circuit?s decision in favor of the criminal defendant. At issue in the case was whether double jeopardy barred Ohio from holding a hearing to determine the mental competency of an inmate sentenced to death before Atkins v. Virginia when the state supreme court had previously recognized the inmate?s ?borderline mental retardation.? Writing for the Court, Justice Ginsburg quickly disposed of each of the rationales advanced by the Sixth Circuit in its opinion and denial of rehearing en banc. She began with Judge Clay?s opinion concurring in the denial of rehearing, in which he reasoned that Sattazahn v. Pennsylvania provided an adequate basis for affirming the district court?s decision to grant habeas relief by holding that ?jeopardy attaches, and relitigation is precluded, once a judge or jury has ?acquitted? a criminal defendant by entering findings sufficient to establish legal entitlement to a life sentence...continue to full post

Full post as published by Capital Defense Weekly on June 04, 2009 (boomark / email).