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Federal Judiciary

: U.S. Supreme Court Blog

Bobby v. Bies: No Double Jeopardy bar on mental capacity in death cases

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A State court?s determination that a defendant?s mental retardation was a mitigating factor in the penalty phase of a capital case does not trigger Double Jeopardy issue preclusion, and foreclose the question whether, in the wake of the subsequently-decided decision in Atkins v. Virginia, the defendant is ineligible for the death penalty because he is mentally retarded.

Full post as published by U.S. Supreme Court Blog on June 01, 2009 (boomark / email).

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