James McKinney v. Charles Ryan

730 F.3d 903, 2013 WL 5066368, 2013 U.S. App. LEXIS 19104
CourtCourt of Appeals for the Ninth Circuit
DecidedSeptember 16, 2013
Docket09-99018
StatusPublished
Cited by29 cases

This text of 730 F.3d 903 (James McKinney v. Charles Ryan) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
James McKinney v. Charles Ryan, 730 F.3d 903, 2013 WL 5066368, 2013 U.S. App. LEXIS 19104 (9th Cir. 2013).

Opinions

Opinion by Judge N.R. SMITH; Partial Concurrence and Partial Dissent by Judge WARDLAW.

OPINION

N.R. SMITH, Circuit Judge:

Petitioner James Erin McKinney, an Arizona state prisoner, appeals the district court’s denial of his 28 U.S.C. § 2254 habe-as corpus petition. The Arizona state court sentenced McKinney to death on each of two counts of first-degree murder for the 1991 killings of Christene Mertens and Jim McClain. We affirm the district court.

In this opinion we address three claims raised in McKinney’s petition: (1) the trial court’s use of dual juries at trial; (2) the trial court’s use of a leg brace as a security measure during trial; and (3) whether the sentencing judge properly considered all mitigating evidence under Lockett v. Ohio, 438 U.S. 586, 98 S.Ct. 2954, 57 L.Ed.2d 973 (1978), and Eddings v. Oklahoma, 455 U.S. 104, 102 S.Ct. 869, 71 L.Ed.2d 1 (1982).1 McKinney failed to exhaust each of these claims except one of his several dual juries claims and the Lockett/Eddings claim. McKinney’s unexhausted claims are proee-durally defaulted, because he would now be barred from raising them to the Arizona state courts. See Beaty v. Stewart, 303 F.3d 975, 987 (9th Cir.2002) (citing Ariz. R.Crim. P. 32.2(a)). As to the remaining claims, the Arizona Supreme Court’s decision to deny relief was not contrary to, nor an unreasonable application of, clearly established federal law or based on an unreasonable determination of the facts before that court. See 28 U.S.C. § 2254(d).

FACTS AND PROCEDURAL HISTORY

A. Background2

On February 28, 1991, McKinney and his half brother, co-defendant Michael [908]*908Hedlund, committed the first in a string of five residential burglaries. Before this first burglary, McKinney and Hedlund (collectively, “Defendants”) were driving in Hedlund’s car with Chris Morris and Joe Lemon, discussing potential targets. Brandishing his gun, McKinney stated that he would shoot anyone that they found at home during the burglaries. Hedlund said that he would beat anyone that he encountered in the head.

At the time, Defendants had learned from Morris and Lemon that Christene Mertens supposedly kept thousands of dollars in an orange juice container in her refrigerator. Therefore, Defendants and Morris and Lemon intended to burglarize Mertens’s home on the first night of the burglary spree. However, Mertens came home and scared the would-be burglars away. As a result, the four of them chose a different house to burglarize, but obtained nothing of value from the burglary.

The next night, McKinney, Hedlund, and Morris committed two more burglaries. Lemon was not involved. McKinney and Morris stole a .22 revolver, twelve dollars, some wheat pennies, a tool apron, and a Rolex watch—splitting the “proceeds” with Hedlund after the crimes. When the homeowner returned home during the third burglary, McKinney and Morris ran away, leaving the homeowner unharmed. However, after the burglary, McKinney remarked that he and Morris “should have stayed and [McKinney] would have shot [the homeowner].”

On March 9, 1991, McKinney and Hed-lund returned to the Mertens home for the fourth burglary. When they entered the residence, Defendants found Mertens home alone and attacked her. After the attack Mertens had both gunshot and stab wounds. However, the medical examiner certified the cause of death as “a penetrating contact gunshot wound to the head.” Defendants ransacked the house and stole $120 in cash.

Defendants committed the fifth burglary and second murder at the home of Jim McClain on March 22, 1991. Defendants knew McClain, because Hedlund had bought a car from him about six months before the murder. McClain’s house was ransacked during the course of the burglary, and he was shot in the back of the head while sleeping. Defendants stole a pocket watch, three handguns, and McClain’s car. Defendants later tried to sell the stolen guns.

McKinney was tried on two counts of first degree murder, two counts of burglary, one count of theft, and one count of attempted theft. The trial court tried Defendants together, but empaneled separate juries to decide the guilt of each Defendant. The trial court required both Defendants to wear a leg brace as a security measure throughout the trial. McKinney’s jury found him guilty of all charges, except the attempted theft charge. The trial judge sentenced McKinney to death on each first degree murder conviction. State v. McKinney, 185 Ariz. 567, 917 P.2d 1214, 1218 (1996) (en banc), superseded by statute on other grounds as stated in State v. Martinez, 196 Ariz. 451, 999 P.2d 795, 806 (2000) (en banc).

B. Post-conviction proceedings

The Arizona Supreme Court upheld McKinney’s convictions and sentence on direct appeal. McKinney, 917 P.2d at 1234.

McKinney thereafter challenged his convictions and sentence in post-conviction [909]*909collateral proceedings. The Maricopa County superior court (the “State PCR Court”) concluded that none of the claims raised in McKinney’s operative petition for post-conviction relief (the “PCR Petition”) presented material issues of fact or law to warrant further proceedings. The State PCR Court summarily dismissed the petition. McKinney appealed the dismissal of the PCR Petition to the Arizona Supreme Court, which denied review on all claims relevant to this appeal.

Thereafter, McKinney raised 26 claims in his petition for writ of habeas corpus to the U.S. District Court for the District of Arizona. The district court denied relief on a number of these claims in 2006 and on the remaining claims in 2009. In its order denying relief, the district court granted a certificate of appealability (“COA”) on the issues of whether the trial court’s use of dual juries or a leg brace violated McKinney’s rights. The district court denied a COA on the remaining issues.

STANDARD OF REVIEW

“We review de novo the district court’s decision to grant or deny a petition for a writ of habeas corpus.” Rhoades v. Henry, 598 F.3d 495, 500 (9th Cir.2010).

The Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”) governs this case. See Lindh v. Murphy, 521 U.S. 320, 336-37, 117 S.Ct. 2059, 138 L.Ed.2d 481 (1997); Lopez v. Schriro, 491 F.3d 1029, 1036-38 (9th Cir.2007). A petitioner must overcome a high threshold to obtain relief under AEDPA:

Federal habeas relief may not be granted for claims subject to § 2254(d) unless it is shown that the earlier state court’s decision was contrary to federal law then clearly established in the holdings of [the Supreme] Court, § 2254(d)(1); or that it involved an unreasonable application of such law, § 2254(d)(1); or that it was based on an unreasonable determination of the facts in light of the record before the state court, § 2254(d)(2).

Harrington v. Richter, — U.S.-, 131 S.Ct. 770, 785, 178 L.Ed.2d 624 (2011) (internal quotation marks and citation omitted).

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Cite This Page — Counsel Stack

Bluebook (online)
730 F.3d 903, 2013 WL 5066368, 2013 U.S. App. LEXIS 19104, Counsel Stack Legal Research, https://law.counselstack.com/opinion/james-mckinney-v-charles-ryan-ca9-2013.