US Supreme Court Docket

Supreme Court Docket


[Download January 12, 2008 Argument Calendar PDF]

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Bobby v. Bies
No. 08-598

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:

Resources:

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

Briefs:

    Coming Soon
Counsel of Record

For Petitioner:

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

For Respondent:

John H. Blume
Cornell Law School
Ithaca, NY



 

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