Home -> Law Blog Directory -> Criminal Law Blogs -> Capital Defense Weekly

Criminal Law

: Capital Defense Weekly

email edition

By Karl R. Keys, Esq.

This week’s email edition is now available here: This edition notes three appellate “defense wins” for the week of February 25 to March 3, 2008 and no unusually notable losses. The Sixth Circuit, relying on a fairly complex set of facts, holds double jeopardy bars the State from challenging a pre-Atkins determination of mental retardation in Michael Bies v. Bagley. On direct appeal the Ohio Supreme Court held that Bies was mentally retarded but denied relief. Post-Atkins, Bies again sought to have his death sentence, this time on the basis he was retarded within the meaning of Atkins. The Atkins claim, despite its prior adjudication in state court, was denied in state court. On federal habeas corpus, the Sixth Circuit affirms the district court’s grant of relief on double jeopardy grounds; once the Ohio courts determined that Bies was retarded the Double Jeopardy Clause prevented relitigation of that fact...continue to full post

Full post as published by Capital Defense Weekly on March 09, 2008 (boomark / email).