Supreme Court Review-Preview-Overview
An up-to-date outline of Supreme Court criminal cases
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Monday, June 01, 2009
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.