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Bobby v. Bies

Docket No.: 08-598
Certiorari Granted: 1/16/2009
Argued: April 27, 2009
Decided: June 1, 2009

PartyNames: David Bobby, Warden v. Michael Bies
Petitioner: David Bobby, Warden
Respondent: Michael Bies

Court Below: United States Court of Appeals for the Sixth Circuit

David Bobby, Warden
v.
Michael Bies
Question Presented:

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?

Question:

Did the U.S. Court of Appeals for the Sixth Circuit err when it applied the Double Jeopardy Clause to prevent the relitigation of the Mr. Bies's mental retardation even though the Supreme Court of Ohio did not actually determine the issue on appeal?

Note:

EXPEDITED BRIEFING SCHEDULE.

Holding: reversed and remanded
Vote: 9-0
Read BOBBY V. BIES opinion (PDF)