US Supreme Court Docket
[Download January 12, 2008 Argument Calendar PDF]
that may be viewed using AdobeReader.
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:
- U.S. Court of Appeals - 6th Circuit Opinion Filed: February 27, 2008
Resources:
- Docket Sheet From the U.S. Supreme Court.
-
Coming Soon
For Petitioner:
For Respondent:Benjamin C. Mizer
Solicitor General
Office of the Attorney General
Columbus, OH
John H. Blume
Cornell Law School
Ithaca, NY
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