James McKinney v. Charles Ryan

Because McKinney failed to exhaust the dual juries and shackling claims, I agree with the majority’s conclusion that denial of relief on these claims must be upheld. However, I disagree with its analysis of McKinney’s Eddings claim1 and, therefore, dissent from Part III of the majority’s opinion. It is clear from the record that the sentencing judge improperly refused to consider the mitigating effect of McKinney’s post traumatic stress disorder (“PTSD”) evidence specifically because the judge concluded that this evidence was not causally linked to McKinney’s crimes, contrary to the U.S.…