BEA, Circuit Judge:
We must determine whether a state court's constitutional error in failing to
James Lynn Styers, an Arizona prisoner, was convicted of first degree murder and other charges and sentenced to death. Styers's first degree murder conviction and his sentence of death were affirmed by the Arizona Supreme Court. State v. Styers, 177 Ariz. 104, 865 P.2d 765, 770 (1993) ("Styers I"). Styers sought federal habeas corpus, and was denied. On appeal to us, we found that the Arizona Supreme Court had erred in not considering certain mitigation evidence, because it found such evidence was not connected to Styers's actions at the time of the murder. Styers v. Schriro, 547 F.3d 1026, 1028 (9th Cir. 2008) ("Styers II"). We reversed and remanded to the district court with instructions to issue a conditional writ ordering Styers's release from his death sentence unless the State were to initiate proceedings either to correct the constitutional error or to vacate the death sentence and impose a lesser sentence consistent with the law. Id. at 1036. The district court so ordered.
The Arizona Supreme Court conducted an independent review of Styers's death sentence pursuant to its view of the Arizona statute which provides for independent reviews of all death sentences, A.R.S. § 13-755. State v. Styers, 227 Ariz. 186, 254 P.3d 1132, 1133 (2011) (en banc) ("Styers III"). It again affirmed the death sentence, after expressly considering and weighing the mitigation evidence to which this court's opinion referred. Styers then moved the district court for an unconditional writ of habeas corpus, arguing that the Arizona Supreme Court was powerless to correct the constitutional error, because the law had changed since Styers I; the death sentence could be imposed only by a jury's determination of the aggravating factors that rendered Styers eligible for the death penalty. Ring v. Arizona, 536 U.S. 584, 122 S.Ct. 2428, 153 L.Ed.2d 556 (2002). The district court denied Styers's petition for an unconditional writ. Styers timely appealed.
We review de novo, and we affirm.
In 1989, Styers lived in an apartment with his daughter, a roommate, Styers's co-defendant Debra Milke,
A jury convicted Styers of first degree murder, conspiracy to commit first degree murder, child abuse, and kidnapping. Id. At sentencing, without a jury, the trial court found three statutory aggravating factors that rendered Styers eligible for the death penalty. Along with mitigating
Styers appealed his convictions and sentence to the Arizona Supreme Court. The Arizona Supreme Court reversed Styers's child abuse conviction for insufficiency of evidence and affirmed Styers's first degree murder, conspiracy, and kidnapping convictions and the death penalty sentence. Id. at 772, 778.
Styers filed a federal habeas petition in the district court, challenging his conviction and sentence on various grounds. The district court denied Styers's petition, and Styers appealed to this court. Styers v. Schriro, 547 F.3d 1026, 1028 (9th Cir. 2008) ("Styers II"). This court affirmed the district court in part, and reversed and remanded in part because when the Arizona Supreme Court conducted its 1993 independent review of Styers's death sentence, that court "appear[ed] to have imposed a test directly contrary to the constitutional requirement that all relevant mitigating evidence be considered by the sentencing body" when it found that Styers's PTSD did not qualify as mitigating evidence because it had not affected his actions at the time of the crime. Id. at 1035. Specifically, this court found that the Arizona Supreme Court violated Eddings v. Oklahoma, 455 U.S. 104, 102 S.Ct. 869, 71 L.Ed.2d 1 (1982) and Smith v. Texas, 543 U.S. 37, 125 S.Ct. 400, 160 L.Ed.2d 303 (2004), which prohibit consideration of only mitigation evidence causally related to the crime. On remand, the district court entered an order directing that
The State then moved the Arizona Supreme Court to "remedy its initial independent review of Styers' death sentence by conducting a new independent review and considering Styers' PTSD as a mitigating circumstance." State v. Styers, 227 Ariz. 186, 254, P.3d 1132, 1133 (2011) (en banc) ("Styers III"). Styers objected to the procedure, arguing that by again conducting an independent review under A.R.S. § 13-755, the Arizona Supreme Court had reopened Styers's case on direct review and Styers's sentence was no longer final.
The Arizona Supreme Court granted the State's motion, holding that (1) the Arizona Supreme Court was not required to remand the case to the trial court for a new resentencing, and that (2) even if Styers's sentence was not final, Ring requires jury findings only of aggravating factors, and the aggravating factors in Styers's case were not at issue in determining the weight of the mitigating evidence. Styers III, 254 P.3d at 1133-34.
The Arizona Supreme Court did not review its prior Eddings error for harmlessness. Instead, the court reviewed anew whether the mitigation evidence was sufficiently substantial to warrant leniency when weighed against the aggravating factors found by the trial court. Id. at 1135. On its review of the PTSD evidence, the court opined that because Styers had produced no evidence establishing a causal connection between his PTSD and the crime, the PTSD evidence was of little weight. Id. at 1136. The Arizona Supreme Court affirmed Styers's sentence of death. Id.
Styers then moved the federal district court to enter judgment granting an unconditional writ of habeas corpus on the basis that the state had not complied with the conditional writ of habeas corpus because (1) the constitutional error could not be corrected without resentencing by a jury; (2) the Arizona Supreme Court employed an unconstitutional process in its attempt to cure the constitutional error; and (3) the Arizona Supreme Court failed to correct the constitutional error because it did not properly consider Styers's mitigation evidence. The district court denied the motion for habeas relief because
Styers moved the district court for a certificate of appealability, and the district court granted a certificate of appealability on the issue whether, in correcting Styers's sentence, the State was required to provide him a jury resentencing. Styers timely appealed.
The district court had jurisdiction pursuant to 28 U.S.C. § 2254, and we have jurisdiction pursuant to 28 U.S.C. §§ 1291 and 2253. We review de novo the district court's denial of the writ of habeas corpus. Harvest v. Castro, 531 F.3d 737, 741 (9th Cir.2008). This court may reverse the district
When a constitutional rule is announced, its requirements apply to defendants whose convictions or sentences are pending on direct review or not otherwise final. Griffith v. Kentucky, 479 U.S. 314, 323, 107 S.Ct. 708, 93 L.Ed.2d 649 (1987). The rule announced in Ring, under which "[c]apital defendants are entitled ... to a jury determination of any fact on which the legislature conditions an increase in their maximum punishment," Ring, 536 U.S. at 589, 122 S.Ct. 2428 is a procedural rule that applies to capital defendants on direct review, see Schriro v. Summerlin, 542 U.S. 348, 358, 124 S.Ct. 2519, 159 L.Ed.2d 442 (2004).
Styers made a Ring claim before the Arizona Supreme Court, arguing that the conditional writ of habeas corpus required that Styers be re-sentenced and that a jury must find the aggravating factors rendering him eligible for the death penalty. The Arizona Supreme Court denied the Ring claim on the ground that Styers's sentence was final. To prevail, Styers must show that the Arizona Supreme Court's determination that his conviction was final (and therefore that he was not entitled to a Ring sentencing) "was contrary to, or involved an unreasonable application of, clearly established federal law as determined by the Supreme Court of the United States." 28 U.S.C. § 2254(d)(1).
The Arizona Supreme Court in Styers III rejected Styers's contention that the Arizona Supreme Court "must remand this case to the trial court for a new resentencing proceeding because this case is now on `direct review.'" Styers III, 254 P.3d at 1133. The court observed
Styers III, 254 P.3d at 1133-34 (citing Griffith, 479 U.S. at 328, 107 S.Ct. 708).
Styers also contends that the Arizona Supreme Court failed to correct the Eddings error found by this court in Styers II because it treated Styers's mitigation evidence as de minimis.
The U.S. Supreme Court has "never held that a specific method for balancing mitigating and aggravating factors in a capital sentencing proceeding is constitutionally required." Kansas v. Marsh, 548 U.S. 163, 175, 126 S.Ct. 2516, 165 L.Ed.2d 429 (2006). Rather, the Constitution prohibits considering exclusively only that mitigation evidence that bears a relationship to the crime. Tennard v. Dretke, 542 U.S. 274, 284-86, 124 S.Ct. 2562, 159 L.Ed.2d 384 (2004).
Here, when the Arizona Supreme Court conducted its second independent review, it did not preclude consideration of Styers's PTSD, as it appeared to do in Styers I. There, the Arizona Supreme Court held that PTSD could constitute mitigating evidence in another case, but that it did not warrant leniency because Styers's PTSD was not causally related to Christopher Milke's murder. Styers II, 547 F.3d at 1035 (citing Styers I, 865 P.3d at 777-78). In Styers III, the Arizona Supreme Court found that Styers failed to present evidence that his PTSD affected him at the time of the crime and that his actions belied any claim that the disorder did affect him. 254 P.3d at 1135-36. Based on this finding, the Arizona Supreme
Styers has not shown that the Arizona Supreme Court made a decision contrary to, or involving an unreasonable application of, federal law as determined by the Supreme Court of the United States when it deemed his sentence final, refused to remand his case for a jury resentencing, and instead conducted an independent review under its death penalty statute. For these reasons, we