Wednesday, July 31, 2019

Dixon v. Ryan, No. 16-99006 (7-26-19)(Thomas w/Graber & Ikuta). Note: This is an Az CHU case.  The 9th affirmed denial of a capital petition.  Applying AEDPA deference, the 9th found no IAC when trial counsel elected not to challenge defendant’s competency to represent himself, despite the knowledge that he had a significant history of mental issues. The trial court had been aware of the mental history. The 9th gives deference to the state supreme court’s conclusion of no IAC. There was also no due process violation from the trial court’s failure to sua sponte have a competency hearing. The 9th affirmed the district court’s denial of the claim that a continuance should have been granted to develop mitigation (four years was enough); wearing a stun belt and leg braces (no requisite showing but no proof the jury saw the restraints and even if they did, it was harmless).

The decision is here:


Post a Comment

<< Home