WARDEN J. [read post]

P. 35(b) motion claiming that warden's alleged promise to create an opportunity for a sentence reduction as a reward for his assistance in prison effectively bound the government to file a Rule 35(b) motion on his behalf, judgment denying relief is affirmed where: 1) even if the warden did promise to file a Rule 35(b) motion, a warden within the Bureau of Prisons was unauthorized to make the motion as the "government" under Rule 35(b); and 2) a… [read post]

Grant of habeas relief vacating petitioner's sentence of death, and ordering that he be resentenced to receive a sentence other than death, is affirmed where the Double Jeopardy Clause bars respondent-warden's claim that, even though petitioner was found to be mentally retarded on direct appeal, Ohio should be permitted to relitigate the finding now that it has taken on new legal significance in light of Atkins v. [read post]