Bobby v. Bies: No Double Jeopardy bar on mental capacity in death cases

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. Virginia, the defendant is ineligible for the death penalty because he is mentally retarded.