Hedlund v. Ryan, No. 09-99019 (4-24-14) (N. Smith and Bea; partial dissent by
Wardlaw). (Note: This is an AZ FPD case).
The 9th affirms
denial of a capital habeas. This case is
decided in the shadows of AEDPA deference.
The 9th here finds the state court reasonable in affirming use of a leg
restraint based on hearsay reports about a supposed plan to escape. It was also reasonable for the state to
affirm use of dual jurors. More
disturbing is the finding there is no IAC.
The court had rejected the first plea, but said that the defendant could
then come back the next day with another plea taking into account other
offenses. There were grounds to have
another plea, and the defendant was willing.
The plea had to be the next day.
The next day, however, counsel did not return but instead filed a motion
for recusal because of judicial bias. He
argued that the court was going to reject it, and that he wanted another
judge. He lost, and trial went. The 9th affirms under AEDPA. Finally, there was no IAC regarding
mitigation under AEDPA. Wardlaw
dissents, arguing that the plea tactics were IAC and also mitigation under
Eddings. (This case was tried along with
McKinney v. Ryan, which is pending en banc review.)
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