Greenway v. Ryan, No. 14-15309 (9th Cir. 2017)
Annotate this CaseThe Ninth Circuit affirmed the denial of habeas relief to petitioner, who was convicted of two murders and sentenced to death. The panel held, after supplemental briefing regarding the impact of McKinney v. Ryan, 813 F.3d 798 (9th Cir. 2015) (en banc), that neither the Arizona Supreme Court nor the trial court applied an impermissible causal-nexus test to exclude mitigating evidence. In this case, both courts considered all of petitioner's evidence offered in mitigation and found it insufficient to outweigh the serious aggravating factors. Therefore, there was no violation of clearly established federal law.
Court Description: Habeas Corpus / Death Penalty. The panel affirmed the district court in an Arizona state prisoner’s appeal arising from his habeas corpus petition challenging his 1989 conviction and death sentence for the killing of a mother and daughter. After considering supplemental briefing regarding the impact on this case of McKinney v. Ryan, 813 F.3d 798 (9th Cir. 2015) (en banc), the panel held that neither the Arizona Supreme Court nor the trial court applied an impermissible causal-nexus test to exclude mitigating evidence.
This opinion or order relates to an opinion or order originally issued on May 11, 2017.
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