Wednesday, May 22, 2019

Kayer v. Ryan, No. 09-99027 (5-13-19)(Fletcher w/Friedland; partial dissent by Owens). Note: This is an Az FPD-CHU case.  The 9th granted sentencing relief for IAC in this capital habeas.  The 9th found error in the Az Supreme Court’s requirement of a nexus between mitigation and the offense, but deemed it harmless. Relief was given on the mitigation representation as investigation.  The investigation did not begin soon enough; no relationship was established with the client; and the extent of the mental impairment mitigation was not developed. 

Owens, dissenting, believes that AEDPA deference is warranted.

Congrats to AFPDs Jennifer Garcia and Emma Smith, Az FPD (CHU).

The decision is here:


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