The following excerpt is from McKinney v. Ryan, D.C. No. 2:03-cv-00774-DGC, No. 09-99018 (9th Cir. 2013):
The dissent selectively quotes passages from the sentencing transcript to argue that the Arizona state courts did not properly consider evidence of PTSD. There are two problems with the dissent's approach. First, it reads too much into certain passages, notably the sentencing judge's discussion of the psychological study submitted as Exhibit 3. Contrary to the dissent's view, nothing in the sentencing judge's discussion of PTSD shows that he believed it was "irrelevant" as a matter of law. At most, the discussion of PTSD shows that the sentencing judge was equivocal about what effect in mitigation the PTSD diagnosis should have. This strengthens the conclusion that the sentencing judge considered the evidence and did not simply exclude it. However, even if the sentencing judge created some ambiguity in the record by "thinking out loud" as he considered the PTSD evidence, that ambiguity should be cast in favor of the state. See Poyson v. Ryan, 711 F.3d 1087, 1099 (9th Cir. 2013).
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