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a fascinating decision from the Sixth Circuit

By Karl R. Keys, Esq.

Michael Bies sits on Ohio’s death row.  Prior to the Supreme Court’s decision in Atkins v. Virginia theOhio courts determined that he was meentally retarded.  At the time of the determination of mental retardation determination both state and federal precedent permitted the execution of the mentally retarded.  Following Atkins Bies moved to have his death sentence vacated. Today the Sixth Circuit in Bies v. Bagley, 06-3471  addresses whether double jeopardy now bars the relitigation by the state of that determination. From our friends at Decision of the Day: In a surprising decision, a panel of the Sixth Circuit has held that Double Jeopardy bars a state from relitigating the issue of a death row inmate?s mental retardation. Petitioner Michael Bies is sitting on death row for the kidnapping, attempted rape, and murder of a ten year old boy...continue to full post

Full post as published by Capital Defense Weekly on February 27, 2008 (boomark / email).