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Home News Injustice in Ohio Sixth Circuit says Bies is retarded Sixth Circuit says Bies is retarded
Thursday, 28 February 2008
http://www.ca6.uscourts.gov/opinions.pdf/08a0095p-06.pdf
Having examined the record in this case, we determine that Petitioner was found to be mentally retarded, under the clinically accepted definition of mental retardation, by a final judgment of the Supreme Court of Ohio.
We further determine that the government is now seeking to relitigate this identical issue, that the Supreme Court of Ohio’s finding was necessary to its judgment, and that the government had a full and fair opportunity to litigate this issue on direct appeal. N.A.A.C.P., 821 F.2d at 330.
Accordingly, this case is controlled by the United States Supreme Court’s decision in Ashe, and this Court is obligated to follow that decision. As § 2254does not require us to defer to the state court’s judgment in this case, we therefore Ashe, and this Court is obligated to follow that decision. As § 2254does not require us to defer to the state court’s judgment in this case, we therefore AFFIRM the decision of the district court granting habeas relief to Petitioner, vacating his sentence of death, and ordering that he be resentenced to receive a sentence other than death.
the rest of the judgement is on http://www.ca6.uscourts.gov/opinions.pdf/08a0095p-06.pdf