United States Sixth Circuit

In a criminal case, collateral estoppel may only be invoked by the accused. 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. Virginia, 536 U.S. 304 (2002).

Appellate Information

• Decided 02/27/2008
• Published 02/27/2008

Judges

• Before:  DAUGHTREY, MOORE, and CLAY, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Carol Ann Ellensohn, Attorney General's Office of Ohio, Columbus, Ohio, for Appellant.  Randall L. Porter, Public Defender's Office, Columbus, Ohio, for Appellee.   ON BRIEF:  Carol Ann Ellensohn, Charles L. Wille, Attorney General's Office of Ohio, Columbus, Ohio, for Appellant.   Randall L. Porter, Public Defender's Office, Columbus, Ohio, S. Scott Haynes, Reynoldsburg, Ohio, for Appellee.