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5 Jun 2009, 1:39 am
BiesCRIMINAL PRACTICE- Double Jeopardy - Insanity - Sentencing"The Double Jeopardy Clause does not bar a state court from conducting a full hearing on mental capacity under Atkins v. [read post]
4 Jun 2009, 6:41 am
At issue in the case was whether double jeopardy barred Ohio from holding a hearing to determine the mental competency of an inmate sentenced to death before Atkins v. [read post]
2 Jun 2009, 2:56 am
Both also agreed that the death specifications outweighed mitigation beyon a reasonable doubt and therefore affirmed his death sentence.In 2002, the United States Supreme Court decided Atkins v. [read post]
1 Jun 2009, 3:17 pm by Paul M. Rashkind
A State court’s determination that a defendant’s mental retardation was a mitigating factor in the penalty phase of a capital case does not trigger Double Jeopardy issue preclusion, and foreclose the question whether, in the wake of the subsequently-decided decision in Atkins v. [read post]
1 Jun 2009, 12:47 pm
  Six years later, of course, the United States Supreme Court ruled in Atkins v. [read post]
1 Jun 2009, 11:16 am
We don't execute the mentally retarded in this country; this has been held to violate the Eighth Amendment as being cruel and unusual punishment in Atkins v. [read post]
30 May 2009, 4:16 am
There may be some exclusion cases akin to Atkins v. [read post]
28 Apr 2009, 2:26 pm
Blume asserted that Ashe v. [read post]
28 Apr 2009, 12:33 pm
The Ohio Supreme Court had affirmed the conviction and death sentence in 1996.In a 2002 case, Atkins v. [read post]
27 Apr 2009, 6:44 am
Perhaps it is the broader SCOTUS death penalty context of Bobby v. [read post]
27 Apr 2009, 4:14 am
Oral Argument Preview In Atkins v. [read post]
25 Apr 2009, 9:42 pm
On Monday the Supreme Court will hear oral argument in Bobby v. [read post]
1 Apr 2009, 7:49 am
 That's just a tentative thought, however.What I find more interesting is the dog that doesn't bark in Rick's article, despite his extensive discussion of cases like Atkins v. [read post]
2 Mar 2009, 2:19 pm
As a result, he says, Justice Roberts understated the costs of the rule when he wrote recently, in Herring v. [read post]
6 Feb 2009, 7:00 am
Neither, says the judge in patent and trade mark case Schutz (UK) Ltd v Werit UK; Schutz UK Ltd, Schutz GmbH & Co KgAA v Delta Containers Ltd (PatLit) EWHC: RIM v Visto: Mr Justice Arnold takes charge (PatLit) Banking brand values plummet (IAM)   United States   US General  Judd Gregg to be nominated as Secretary of Commerce (Inventive Step) (IP Watchdog) (Peter Zura's 271 Patent Blog) (Patently-O) (Chicago Intellectual… [read post]