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Appellate Law
: Appellate Law and PracticeCA6: Sixth Circuit turns habeas preclusion against the state
By S. COTUS
DotD points to a decision from the 6th Circuit which holds that if the state courts, pre-Atkin concluded that someone was retarded to be killed by the state but nevertheless could be killed by the state, post-Atkins, the state can?t relitigate the issue of just how retarded the prisoner is on habeas.
Full post as published by Appellate Law and Practice on February 27, 2008 (boomark / email).
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