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

Criminal Law

: Capital Defense Weekly

Germane cert grant

By Karl R. Keys, Esq.

The SCOTUS on Friday granted cert in Bobby v. Bies , a capital case. Specifically (via SCOTUSBlog): Whether a state is constitutionally barred from challenging the claim of mental retardation of an individual it seeks to execute for crime, if a state court had once found the person to be retarded even while upholding a death sentence.  The case of Bobby v. Bies (08-598) involves an Ohio case that basically revolves around a ?double jeopardy? issue.  Specifically, it is whether it is unconstitutional double jeopardy if a state begins a new challenge to a convicted killer?s mental retardation, if a state court had previously found the individual to be retarded ? thus possibly settling an ultimate issue so that it could not be pursued anew later...continue to full post

Full post as published by Capital Defense Weekly on January 17, 2009 (boomark / email).