SCOTUS Grants Cert in Bies

Today, SCOTUS granted cert from the Sixth Circuit's decision in Bies v. Bobby, 06-3471. The main question presented by the government was whether double jeopardy applies to a state post conviction hearing on the defendant's mental retardation where the defendant has already been found mentally retarded in state court. Michael Bies had presented evidence of his mental retardation in mitigation, argued it on appeal, and was found to be mentally retarded in the court of appeals. When the Supreme Court's Atkins decision was announced, he filed a successor postconviction action claiming he was ineligible for execution and that the state was estopped from contesting his claim in so much as it had already conceded that he was mentally retarded in the earlier proceedings. Information on the Supreme Court litigation is available here.