Dickens v. Ryan, No. 08-99017 (8-3-12) (N. Smith with Rawlinson; dissent by Reinhardt).
Disclosure: This is an AZ FPD case.
The petitioner was essentially a getaway driver in a robbery where the co-defendant murdered two victims in a robbery. The petitioner knew of the robbery, provided the weapon, but did not plan, or know of, the murder. The petitioner claimed that under Enmund v. Florida, 458 US 782 (1982), it was an Eighth Amendment violation to sentence him to death given his attenuation. The 9th disagreed, affirming the denial, because the Arizona supreme court's application of Enmund and Tison was not unreasonable under AEDPA deference and its interpretation of the facts were reasonable. Petitioner also raised IAC for sentencing. The 9th found the claim procedurally barred but remanded to determine if he could prove cause and prejudice under Martinez v. Ryan, 132 S.Ct. 1309 (2012). Dissenting, Reinhardt argues that the state supreme court's application of Enmund and Tison was contrary to federal law, and that its interpretation of the facts was unreasonable.