US Supreme Court Docket

Title:

David Bobby, Warden v. Michael Bies

Subject:

Criminal Law and Procedure, Sentencing

Question:

1. Did the Sixth Circuit violate the Anti-Terrorism and Effective Death Penalty Act of
1996 ("AEDPA") when, in overruling an Ohio post-conviction court on double
jeopardy grounds, it crafted a new definition of "acquittal" that conflicts with this
Court's decisions?

2. Do the Double Jeopardy Clause's protections apply to a state post-conviction
hearing on the question of a death-sentenced inmate's mental retardation under
Atkins v. Virginia, 536 U.S. 304 (2002), that does not expose the inmate to the risk
of any additional criminal punishment?

3. Did the Sixth Circuit violate AEDPA when it applied the Double Jeopardy
Clause's collateral estoppel component to enjoin an Ohio post-conviction court from
deciding the issue of a death-sentenced inmate's mental retardation under Atkins
even though the Ohio Supreme Court did not actually and necessarily decide the
issue on direct review?

Decisions:

• U.S. Court of Appeals - 6th Circuit Opinion Filed: February 27, 2008

Resources:

• Docket Sheet From the U.S. Supreme Court.

Coming Soon

Benjamin C. Mizer
Solicitor General
Office of the Attorney General
Columbus, OH

John H. Blume
Cornell Law School
Ithaca, NY

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