Monday, September 16, 2013

McKinney v. Ryan, No. 09-99018 (N. Smith with Bea; partial dissent by Wardlaw).

The 9th affirmed the denial of a habeas petition. The use of dual juries did not violate clearly established federal law and the courtroom layout did not violate due process. The 9th also held that the claim for wearing a leg brace was also defaulted. The 9th also found that the trial court had fully considered mitigating evidence (PTSD) but that the weight was up to the court. Wardlaw, dissenting, argues that the trial court improperly refused to consider the mitigating evidence, as opposed to weighing it, and it was a legal error. The appellate repeats the mistake and mischaracterizes facts of the trial court's decision.


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