Hedlund v. Ryan, No. 09-99019 [March 4, 2016]
Rejecting Hedlund’s claims, because they were not and
unreasonable application of federal law or an unreasonable determination of the
facts. Nevertheless, the court reversed his death sentence as “the Arizona
Supreme Court applied a ‘causal nexus’ test, whereby not all mitigating
evidence was considered” and, therefore, was contrary to clearly established federal
law. Judge Wardlaw dissented disagreeing with the majority opinion on the
shackling issue and on the ineffective assistance of counsel during the plea
process and penalty phase.
Amended Opinion, still reversing because of the 'causal nexus' test, and order denying a petition for rehearing en banc filed 4/13/17.