Hedlund v. Ryan, No. 09-99019 (9th Cir. 2017)
Annotate this CaseThe court filed an amended opinion reversing in part and affirming in part the denial of habeas relief, and order denying a petition for rehearing en banc. Petitioner, convicted of two counts of murder and sentenced to death, appealed the district court's denial of his 28 U.S.C. 2254 habeas corpus petition. The court concluded that the relevant state court decision, relating to petitioner's claims regarding (1) the use of a leg brace as a security measure during trial; (2) the use of dual juries; (3) juror bias; (4) counsel's performance during the plea process; and (5) counsel's performance during the penalty phase, was not contrary to, nor an unreasonable application of, clearly established federal law or based on an unreasonable determination of the facts before that court. The court concluded, however, that the Arizona Supreme Court applied a "causal nexus” test, whereby not all mitigating evidence was considered under Lockett v. Ohio, Eddings v. Oklahoma, and their progeny. Consequently, this decision was contrary to established federal law and the court reversed, remanding with instructions to grant the petition with respect to petitioner's sentence.
Court Description: Habeas Corpus/Death Penalty. The panel filed (1) an amended opinion reversing in part and affirming in part the district court’s denial of a habeas corpus petition and remanding with instructions to grant the petition with respect to the petitioner’s death sentence; and (2) an order denying a petition for rehearing en banc. In the amended opinion, the panel held that the district court properly denied relief on the petitioner’s claims regarding (1) the use of a visible leg brace as a security measure during trial; (2) the use of dual juries for the petitioner and his co-defendant; (3) juror bias; (4) ineffective assistance of counsel during the plea process; and (5) ineffective assistance of counsel during the penalty phase. Applying McKinney v. Ryan, No. 09-99018, 2015 WL 9466506 (9th Cir. Dec. 29, 2015) (en banc), the panel held that the Arizona Supreme Court’s application of a “causal nexus” test – whereby not all mitigating evidence was considered under Lockett v. Ohio, 438 U.S. 586 (1978), Eddings v. Oklahoma, 455 U.S. 104 (1982), and their progeny – was contrary to clearly established federal law, and that the error was not harmless. Judge Bea concurred in the majority opinion in full because the panel is bound to follow McKinney, whose analysis of the Eddings issue he believes conflicts with HEDLUND V. RYAN 3 Supreme Court precedent requiring this court to presume that state courts know and follow the law. Concurring in part and dissenting in part, Judge Wardlaw disagreed with the majority’s disposition of the petitioner’s claims of unconstitutional shackling during trial and ineffective assistance of counsel during the plea process and penalty phase.
This opinion or order relates to an opinion or order originally issued on April 24, 2014.
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