McKinney v. Ryan, No. 09-99018 (9th Cir. 2013)
Annotate this CasePetitioner, sentenced to death on each of two counts of first-degree murder, appealed the district court's denial of his 28 U.S.C. 2254 habeas corpus petition. On appeal, petitioner raised claims regarding the trial court's use of dual juries at trial; the trial court's use of a leg brace as a security measure during trial; and whether the sentencing judge properly considered all mitigating evidence under Lockett v. Ohio and Eddings v. Oklahoma. The court concluded that the district court properly denied relief on petitioner's "courtroom layout" and Lockett/Eddings claims, because the Arizona Supreme Court's decision denying relief was not contrary to, nor an unreasonable application of, clearly established federal law or based on an unreasonable determination of the facts. The court agreed with the State that the Lockett/Eddings line of cases held only that a sentencer must fully consider proffered mitigation evidence and did not affect a sentencer's determination of its weight. In this instance, the record made clear that the trial court adequately considered and weighed the mitigation evidence. The court also concluded that the district court properly denied relief on petitioner's remaining dual juries and "shackling" claims, because the claims were procedurally defaulted. Accordingly, the court affirmed the judgment of the district court.
Court Description: Habeas Corpus/Death Penalty. The panel affirmed the district court’s denial of a 28 U.S.C. § 2254 habeas corpus petition challenging a murder conviction and capital sentence. The panel held that the use of dual juries, one for petitioner and one for his co-defendant, did not violate clearly established federal law, despite petitioner’s claim that this method led to a prejudicial courtroom layout where petitioner sat facing the jurors throughout trial. The panel held that petitioner procedurally defaulted on his other dual juries challenges. The panel held that petitioner procedurally defaulted on his claim that the trial court violated his rights by requiring him to wear a leg brace during trial. The panel rejected petitioner’s claim, under Lockett v. Ohio, 438 U.S. 586 (1987), and Eddings v. Oklahoma, 455 U.S. 104 (1982), that the trial court did not adequately consider mitigating factors in imposing the death penalty, explaining that these cases only hold that a sentencer must fully consider proffered mitigating evidence, and do not affect a sentencer’s determination of the weight of the evidence. Judge Wardlaw concurred in part and dissented in part. She agreed with the majority’s conclusion that the denial of relief as to petitioner’s dual juries and shackling claims must be upheld for failure to exhaust them. However, she disagreed with the majority’s analysis of the Eddings claim, and would reverse the district court’s denial of relief and instruct that court to grant the petition as to that claim.
The court issued a subsequent related opinion or order on March 12, 2014.
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