Wednesday, March 17, 2021

Walden v. Shinn, No. 08-99012 (3-12-21)(Thomas w/Bybee & Ikuta). This is an Az FPD-CHU case. The 9th affirmed the district court’s denial of capital habeas relief. Under AEDPA deference, the 9th upheld the state supreme court’s finding no error in denying severance (noncapital victims with capital victim); the 9th also upheld the finding that the identifications were not a result of impermissible suggestive police procedures. Petitioner’s claim of McKinney nexus (error to require nexus for mitigation) was not cognizable on appeal as he failed to raise it in state court. IAC claims withdrawn could not be resurrected through “relating back” to timely claims. The 9th also found there was undue delay. AEDPA also foreclosed relief on introduction of “gruesome” crime scene photos.

The decision is here:


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