Poyson v. Ryan (685 F. Supp. 2d 956, 2010)

MEMORANDUM OF DECISION AND ORDER

NEIL V. WAKE, District Judge.

Petitioner Robert Poyson, a state prisoner under sentence of death, has filed an Amended Petition for Writ of Habeas Corpus. (Dkt. 27.) Petitioner alleges, pursuant to 28 U.S.C. § 2254, that he is imprisoned and sentenced in violation of the United States Constitution. Also before the Court is Petitioner’s second motion to expand the record. (Dkt. 72.) For the reasons set forth below, the Court concludes that Petitioner is not entitled to habeas relief or expansion of the record.

BACKGROUND

A jury convicted Petitioner on three counts of first degree murder, one count of conspiracy to commit first degree murder, and one count of armed robbery. The following facts concerning the crimes are taken from the decision of the Arizona Supreme Court affirming Petitioner’s convictions and sentences, State v. Poyson, 198 Ariz. 70, 74, 7 P.3d 79, 83 (2000), and from this Court’s review of the record.

Petitioner met Leta Kagen, her 15-year-old son, Robert Delahunt, and Roland Wear in April of 1996. Petitioner was 19 years old and homeless. Kagen allowed him to stay with her and the others at their trailer in Golden Valley, near King-man, Arizona. In August of the same year, Kagen was introduced to 48-year-old Frank Anderson and his 14-year-old girlfriend, Kimberly Lane. They also needed a place to live, and Kagen invited them to stay at the trailer.

Anderson informed Petitioner that he was eager to travel to Chicago, where he claimed to have connections to the mafia. Because none of them had a way of getting to Chicago, Anderson, Petitioner, and Lane formulated a plan to kill Kagen, Delahunt, and Wear in order to steal Wear’s truck.

On the evening of August 13, 1996, Lane lured Delahunt into a small travel trailer on the property. There, Anderson attacked Delahunt, slitting his throat with a bread knife. Petitioner heard Delahunt’s screams and ran to the trailer. While Anderson held Delahunt down, Petitioner bashed his head against the floor. He also beat the victim’s head with his fists and pounded it with a rock. This did not kill Delahunt, so Petitioner took the bread knife and, using a rock as a hammer, drove it through Delahunt’s ear. Although the blade penetrated the victim’s skull and exited through his nose, the wound was not fatal. Petitioner continued to slam Delahunt’s head against the floor until he lost consciousness. According to the medical examiner, Delahunt died of massive blunt force head trauma. The attack lasted about 45 minutes.

After cleaning themselves up, Petitioner and Anderson prepared to kill Kagen and Wear. They first located Wear’s .22 caliber rifle. Unable to find any ammunition, Petitioner borrowed two rounds from a young girl who lived next door, telling her that Delahunt was in the desert surrounded by snakes and the bullets were needed to help rescue him. Petitioner loaded the rifle and tested it to make sure it would function properly. He then stashed it near a shed. Later that evening, he cut the telephone line to the trailer so that neither of the remaining victims could call for help.

After Kagen and Wear were asleep, Petitioner and Anderson went into their bedroom. Petitioner first shot Kagen in the head, killing her instantly. After reloading the rifle, he shot Wear in the mouth, shattering his upper right teeth. A struggle ensued, during which Petitioner repeatedly clubbed Wear in the head with the rifle. The altercation eventually moved outside. At some point, Anderson threw a cinder block at Wear, hitting him in the back and knocking him down. While the victim was lying on the ground, Petitioner kicked him in the head. He then picked up the cinder block and threw it several times at Wear’s head. When Wear stopped moving, Petitioner took his wallet and the keys to his truck. Petitioner covered the body with debris from the yard. Petitioner, Anderson, and Lane then took the truck and drove to Illinois, where they were apprehended several days later.

The trial court sentenced Petitioner to death for the murders, and to terms of imprisonment for the other offenses. Following his unsuccessful direct appeal, Petitioner filed a petition for certiorari, which was denied. Poyson v. Arizona, 531 U.S. 1165, 121 S.Ct. 1125, 148 L.Ed.2d 992 (2001). In 2002, Petitioner filed in state court a petition for post-conviction relief (PCR) and a supplemental petition pursuant to Rule 32 of the Arizona Rules of Criminal Procedure. (Dkt. 31, Ex. J.) The PCR court denied relief without holding an evidentiary hearing. (Dkt. 32, Ex. N.) In March 2004, the Arizona Supreme Court summarily denied a petition for review. (Id., Ex. S.) Thereafter, Petitioner initiated the instant habeas proceedings.

APPLICABLE LAW

Because it was filed after April 24, 1996, this case is governed by the Antiterrorism and Effective Death Penalty Act of 1996, 28 U.S.C. § 2254 (AEDPA). Lindh v. Murphy, 521 U.S. 320, 336, 117 S.Ct. 2059, 138 L.Ed.2d 481 (1997); see also Woodford v. Garceau, 538 U.S. 202, 210, 123 S.Ct. 1398, 155 L.Ed.2d 363 (2003).

For properly exhausted claims, the AEDPA established a “substantially higher threshold for habeas relief’ with the “acknowledged purpose of ‘reducing delays in the execution of state and federal criminal sentences.’ ” Schriro v. Landrigan, 550 U.S. 465, 475, 127 S.Ct. 1933, 167 L.Ed.2d 836 (2007) (quoting Woodford v. Garceau, 538 U.S. 202, 206, 123 S.Ct. 1398, 155 L.Ed.2d 363 (2003)). The AEDPA’s “ ‘highly deferential standard for evaluating state-court rulings’ ... demands that state-court decisions be given the benefit of the doubt.” Woodford v. Visciotti, 537 U.S. 19, 24, 123 S.Ct. 357, 154 L.Ed.2d 279 (2002) (per curiam) (quoting Lindh v. Murphy, 521 U.S. 320, 333 n. 7, 117 S.Ct. 2059, 138 L.Ed.2d 481 (1997)).

Under the AEDPA, a petitioner is not entitled to habeas relief on any claim “adjudicated on the merits” by the state court unless that adjudication:

(1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States; or

(2) resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding.

28 U.S.C. § 2254(d). The relevant state court decision is the last reasoned state decision regarding a claim. Barker v. Fleming, 423 F.3d 1085, 1091 (9th Cir.2005) (citing Ylst v. Nunnemaker, 501 U.S. 797, 803-04, 111 S.Ct. 2590, 115 L.Ed.2d 706 (1991)).

“The threshold question under AEDPA is whether [a petitioner] seeks to apply a rule of law that was clearly established at the time his state-court conviction became final.” Williams v. Taylor, 529 U.S. 362, 390, 120 S.Ct. 1495, 146 L.Ed.2d 389 (2000). Therefore, to assess a claim under subsection (d)(1), the Court must first identify the “clearly established Federal law,” if any, that governs the sufficiency of the claims on habeas review. “Clearly established” federal law consists of the holdings of the Supreme Court at the time the petitioner’s state court conviction became final. Williams, 529 U.S. at 365, 120 S.Ct. 1495; see Carey v. Musladin, 549 U.S. 70, 76, 127 S.Ct. 649, 166 L.Ed.2d 482 (2006). Habeas relief cannot be granted if the Supreme Court has not “broken sufficient legal ground” on a constitutional principle advanced by a petitioner, even if lower federal courts have decided the issue. Williams, 529 U.S. at 381, 120 S.Ct. 1495; see Musladin, 549 U.S. at 77, 127 S.Ct. 649. Nevertheless, while only Supreme Court authority is binding, circuit court precedent may be “persuasive” in determining what law is clearly established and whether a state court applied that law unreasonably. Clark v. Murphy, 331 F.3d 1062, 1069 (9th Cir.2003).

The Supreme Court has provided guidance in applying each prong of § 2254(d)(1). The Court has explained that a state court decision is “contrary to” the Supreme Court’s clearly established precedents if the decision applies a rule that contradicts the governing law set forth in those precedents, thereby reaching a conclusion opposite to that reached by the Supreme Court on a matter of law, or if it confronts a set of facts that is materially indistinguishable from a decision of the Supreme Court but reaches a different result. Williams, 529 U.S. at 405-06, 120 S.Ct. 1495; see Early v. Packer, 537 U.S. 3, 8, 123 S.Ct. 362, 154 L.Ed.2d 263 (2002) (per curiam). In characterizing the claims subject to analysis under the “contrary to” prong, the Court has observed that “a run-of-the-mill state-court decision applying the correct legal rule to the facts of the prisoner’s case would not fit comfortably within § 2254(d)(1)’s ‘contrary to’ clause.” Williams, 529 U.S. at 406, 120 S.Ct. 1495.

Under the “unreasonable application” prong of § 2254(d)(1), a federal habeas court may grant relief where a state court “identifies the correct governing legal rule from [the Supreme] Court’s cases but unreasonably applies it to the facts of the particular ... case” or “unreasonably extends a legal principle from [Supreme Court] precedent to a new context where it should not apply or unreasonably refuses to extend that principle to a new context where it should apply.” Williams, 529 U.S. at 407, 120 S.Ct. 1495. For a federal court to find a state court’s application of Supreme Court precedent “unreasonable” under § 2254(d)(1), the petitioner must show that the state court’s decision was not merely incorrect or erroneous, but “objectively unreasonable.” Id. at 409, 120 S.Ct. 1495; Visciotti, 537 U.S. at 25, 123 S.Ct. 357.

Under the standard set forth in § 2254(d)(2), habeas relief is available only if the state court decision was based on an unreasonable determination of the facts. Miller-El v. Dretke, 545 U.S. 231, 240, 125 S.Ct. 2317, 162 L.Ed.2d 196 (2005) (Miller El II). A state court decision “based on a factual determination will not be overturned on factual grounds unless objectively unreasonable in light of the evidence presented in the state-court proceeding.” Miller-El v. Cockrell, 537 U.S. 322, 340, 123 S.Ct. 1029, 154 L.Ed.2d 931 (2003); see Taylor v. Maddox, 366 F.3d 992, 999 (9th Cir.2004). In considering a challenge under 2254(d)(2), state court factual determinations are presumed to be correct, and a petitioner bears the “burden of rebutting this presumption by clear and convincing evidence.” 28 U.S.C. § 2254(e)(1); Miller-El II, 545 U.S. at 240, 125 S.Ct. 2317. However, it is only the state court’s factual findings, not its ultimate decision, that are subject to § 2254(e)(l)’s presumption of correctness. Miller-El I, 537 U.S. at 341-42, 123 S.Ct. 1029.

DISCUSSION

Nineteen of Petitioner’s habeas claims remain before this Court. Respondents contend that six of the claims — Claims 4, 8, 15, 16, 19, and 21 — are procedurally defaulted. The Court finds it unnecessary to address the procedural status of these claims, as they are plainly meritless and will be dismissed for the reasons set forth below. See 28 U.S.C. § 2254(b)(2) (allowing denial of unexhausted claims on the merits); Rhines v. Weber, 544 U.S. 269, 277, 125 S.Ct. 1528, 161 L.Ed.2d 440 (2005).

Claims 2 and 3

In Claim 2, Petitioner alleges that his death sentences were unconstitutionally imposed because at the time of sentencing Arizona law required a defendant to establish a causal connection between the proffered mitigating evidence and the crime. (Dkt. 27 at 39.) In Claim 3, Petitioner alleges that the trial court violated his constitutional rights by failing to consider his mitigating evidence. (Id. at 44.)

Respondents concede that Claim 3 is exhausted. They contend that Claim 2 is exhausted only to the extent it was raised on direct appeal, where Petitioner argued that the trial court erred in failing to find a connection between the crimes and mitigating evidence with respect to Petitioner’s mental health and dysfunctional family background. (Dkt. 31, Ex. B at 29, 31.) However, since that is the substance of the allegations in Claim 2, the Court finds the claim exhausted and will consider it on the merits.

Background

1. Trial court

In his sentencing memorandum, defense counsel proffered three statutory and 24 nonstatutory mitigating factors, including circumstances related to Petitioner’s mental health, substance abuse, and abusive childhood. (ROA doc. 118.) Attached to the memorandum were articles addressing prenatal exposure to drugs and alcohol. (Id.) Counsel also submitted a psychological evaluation prepared by Dr. Celia Drake. (Dkt. 32, Ex. T.) Dr. Drake noted factors in Petitioner’s life that predisposed him to substance abuse, delinquency, and crime. (Id.) These included a chaotic home environment with no consistent father figure, childhood neglect, physical abuse, sexual assault, and a possible genetic link through his biological father. (Id. at 21-22.) Dr. Drake diagnosed Petitioner with adjustment disorder with depressed mood, mild intensity; antisocial personality disorder; alcohol abuse; and polysubstance dependence. (Id. at 20.)

At the presentence hearing, the defense called three witnesses: Petitioner’s mother, his aunt, and Blair Abbott, a mitigation investigator. (RT 11/20/98.) Their testimony indicated that Petitioner never knew his biological father. (Id. at 31-32, 129.) Petitioner was raised by his mother and a series of stepfathers, some of whom drank and used drugs and were physically abusive and one of whom, Petitioner’s favorite, committed suicide when Petitioner was 10 or 11. (Id. at 35-47, 50.) Petitioner’s mother drank and used drugs during the first three months of her pregnancy. (Id. at 27-29, 132.) Shortly after his stepfather’s suicide, Petitioner was sexually abused by an acquaintance. (Id. at 138.) Thereafter, Petitioner’s behavior deteriorated; he began abusing alcohol and drugs, skipping school, and getting into trouble with the law. (Id. at 54, 60, 105,-142-43.) The testimony also indicated that Petitioner was developmentally delayed and suffered head injuries and fainting spells. (Id. at 51, 119,143-45.) Abbott testified that Petitioner told him he had used POP two days prior to the murders and that he experienced a flashback while he was killing Delahunt. (Id. at 149-50.) He also reported using alcohol the night before the murders and marijuana that morning. (Id.)

In sentencing Petitioner, the trial court found that the State proved three aggravating factors beyond a reasonable doubt: that each of the murders was committed in expectation of pecuniary gain, pursuant to A.R.S. § 13 — 703(F)(5); that the murders of Delahunt and Wear were especially cruel under § 13-703(F)(6); and that Petitioner was convicted of multiple homicides committed during the same offense under § 13-703(F)(8). The court found that Petitioner failed to prove any statutory mitigating factors and proved only one nonstatutory mitigating circumstance, his cooperation with the police.

With respect to A.R.S. § 13-703(G)(1), which establishes a mitigating factor based on impairment of a defendant’s capacity to appreciate the wrongfulness of his conduct or to conform his conduct to the requirements of law, the trial court made the following findings:

There has certainly been evidence that the defendant has gone through a turbulent life, perhaps had mental-health issues that would distinguish him from the typical person on the street.

Listening to his description of how these murders were committed, based upon a description of somewhat a methodical carrying out of a plan, the Court sees absolutely nothing in the record, in this case, to suggest the applicability of this mitigating circumstance.

(RT 11/20/98 at 48-49.)

With respect to age as a mitigator under § 13-703(G)(5), the court described its application of the factor as “a little more problematic.” (Id. at 50.) The court explained:

The defendant was 19 at the time. I am certain that both sides can cite cases in support of their respective positions for people around this same age in which this was found a mitigating factor or people around the same age for which this was not found a mitigating factor.

I think the one thing that cases make it clear is that age is not just a number that we look at. We don’t plug the number into some computer. If it’s below a certain amount, it’s mitigation; if it’s above a certain amount, it’s not mitigation.

The issue is not how young or old a person is but what connection there may be with their age and the behavior that they engaged in. The defendant was relatively young, chronologically speaking.

As far as the criminal justice system goes, he was not so young. He had been part of that system for some period of time. He was no longer living at home. He had effectively been emancipated for a period of time. He was working on at least a sporadic basis, and there are certainly no questions in this case as to what the defendant’s age was, but I do not find his age to have been a mitigating circumstance under the circumstances of this case.

(Id. at 50-51.)

The court then turned to nonstatutory mitigation, first explaining its approach to analyzing such information:

what I have attempted to do ... is to sort of engage in a two-part analysis ... and that is to analyze whether the defense has shown this fact by a preponderance of the evidence, and then if they have, to determine whether I would assign that any weight as a mitigating factor, and of course, for any ... that pass both of those tests, I have to weigh them all along with the other factors in the final determination of this case.

(Id. at 52.)

The court proceeded to discuss in detail the nonstatutory mitigating circumstances proffered by Petitioner, including his mental health, family background, remorse, and substance abuse issues. With respect to proffered mitigation concerning Petitioner’s mental health and intelligence, the court found:

Again, the defendant had some mental health and psychological issues. I think, depending on what you define a mental or personality disorder to be, ... the defense has established that there were certain men — personality disorders that the defendant, in fact, may have been suffering from.

The Court, however, does not find that they rise to the level of being a mitigating factor because I am unable to draw any connection whatsoever with such personality disorders and the commission of these offenses.

So, the Court finds that the defense has failed to establish, by a preponderance of the evidence, that the personality disorders of the defendant were a nonstatutory mitigating factor.

The defense has also argued, as a nonstatutory mitigating factor, the defendant’s diminished mental capacity and his low I.Q., and this — this may, to some extent, be incorporated within one of the statutory factors, but there is nothing to prevent me from discussing a fine variation of that as a possible non-statutory mitigating factor.

The Court would concede that there is certain evidence in this case that would support the proposition that the defendant’s mental capacity may be diminished, at least compared to the norm in the population, and that his I.Q. may be low, at least compared to the norm in the population.

However, when you weigh that against the defendant’s description of the murders, certain preparatory steps that were taken — admittedly, not overly-sophisticated, but attempts were made to do certain things, to disable warning systems to enable these murders to be committed and to get away with the loot that was the purpose of the murders; specifically, the vehicle.

The Court finds that even though there is evidence that the defendant may have a diminished mental capacity and a lower-than-average I.Q., that the defense has failed to establish, by a preponderance of the evidence, the nonstatutory factor of the defendant’s diminished capacity and low I.Q.

(Id. at 52-53, 56-57.)

The court then considered aspects of Petitioner’s childhood and family background as mitigating evidence:

I was certainly struck, at the presentencing hearing, by the fact that Mr. Poyson had a childhood that I certainly would not have wanted to have been a part of and would not have wanted my children to be a part of or anyone that I know.

I can think of people that I know who have been abused as children, who have had parents die when they were young, who have been exposed to separation and anxiety that would certainly be comparable to that that was suffered by Mr. Poyson, and I can think of people who have gone through things remarkably similar to Mr. Poyson and have become productive upstanding members of the community, and I am finding that [the] defense has shown that defendant suffered a dysfunctional childhood, that he was subjected to physical and sexual abuse, and that he was subjected to certain levels of mental abuse.

The Court finds absolutely nothing in this case to suggest that his latter conduct was a result of his childhood.

The Court finds that the defense has failed to establish, by a preponderance of the evidence, the nonstatutory mitigating factors of his dysfunctional family and child background, the physical and sexual abuse in his childhood or the mental abuse in his childhood.

As far as childhood neglect is concerned, that would be the same as the finding I made earlier concerning certain levels [sic] of his childhood. The defense has shown, by a preponderance of the evidence, that the defendant was subjected to neglect in his childhood, but have failed to show, by a preponderance of the evidence, that that would be a mitigating factor.

Family tragedy. It is certainly easy, I’m sure for someone who has not had a parent die young, or a substitute parent die young or someone who has not been sexually abused as a child, to make light of this, and I have absolutely no intention of doing that. I have been reading presentence reports for 20 years now and I’m absolutely convinced that people who are sexually abused as children are far more likely to offend as adults.

There may have been minimal testimony that was presented which supported a finding of this, but the Court is convinced that the defense has established, by a preponderance of the evidence, that the defendant lost a parent figure and was subjected to sexual abuse at a relatively young age. The Court is not convinced that there is any connection between that abuse, that loss, and his subsequent criminal behavior.

So, the Court does find that the defenses [sic] established, by a preponderanee of the evidence, that the defendant was subject to family tragedy and family loss, but they have not established by a preponderance of the evidence that that would be a mitigating factor in this case.

(Id. at 54-55, 63, 66-67.)

The court also assessed the evidence concerning Petitioner’s history of substance abuse and his use of drugs and alcohol at the time of the crimes:

The argument is made that the defendant was subjected to alcohol abuse and drug abuse. Other than very vague allegations that he has used alcohol in the past or has used drugs in the past, other than a fairly vague assertion that he was subject to some sort of effect of drugs and/or alcohol at the time that these offenses were committed, I really find very little to support the allegation that the defendant has a significant alcohol and/or drug abuse [sic], and again, going back to the methodical steps that were taken to murder three people to get a vehicle to get out of Golden Valley, it’s very difficult for me to conclude that the defendant’s ability to engage in goal-oriented behavior was, in any way, impaired at the time of the commission of these offenses.

The Court finds that the defense has failed to establish, by a preponderance of the evidence, the nonstatutory mitigating factors of the defendant’s alcohol abuse and/or drug abuse.

(Id. at 68-69.)

The court also considered Petitioner’s remorse as a potential mitigator, concluding that Petitioner had established that he was remorseful about the murders but that it was not a nonstatutory mitigating factor because he had time “to reflect upon what he was doing, since killing three people did take some period of time, and considering the fact that his remorse could have kicked in at some point and maybe prevented one or two of these murders from taking place — keeping in mind the fact that even though he may have discussed turning himself in; he, in fact, did not turn himself in.” (Id. at 53.)

Although noting that Petitioner had eventually cooperated with law enforcement and was well behaved during the trial, the court rejected as a mitigating circumstance Petitioner’s potential to be rehabilitated. (Id. at 57.) The court also found that Petitioner failed to show family support as a mitigating factor. (Id. at 67-68.)

2. Arizona Supreme Court

On direct appeal, the Arizona Supreme Court first reviewed the statutory mitigating factors, agreeing with the trial court that Petitioner had failed to prove that drugs “significantly impaired his ability to appreciate the wrongfulness of his actions or to conform his conduct to the requirements of the law” under A.R.S. § 13-703(G)(1). Poyson, 198 Ariz. at 79-80, 7 P.3d at 88-89. The court explained:

We cannot say that the defendant’s drug use rendered him unable to conform his conduct to the requirements of the law. First of all, there is scant evidence that he was actually intoxicated on the day of the murders. Although Poyson purportedly used both marijuana and PCP “on an as available basis” in days preceding these crimes, the only substance he apparently used on the date in question was marijuana. However, the defendant reported smoking the marijuana at least six hours before killing Delahunt and eleven hours before the murders of Kagen and Wear. Thus, even if he was still “high” at the time of these crimes, it is unlikely that he was so intoxicated as to be unable to conform his conduct to the requirements of the law. In order to constitute (G)(1) mitigation, the defendant must prove substantial impairment from drugs or alcohol, not merely that he was “ ‘buzzed.’ ” State v. Schackart, 190 Ariz. 238, 251, 947 P.2d 315, 328 (1997).

Defendant also claims to have had a POP “flashback” during the murder of Delahunt. The trial court did not find the evidence credible on this point. We agree. Other than the defendant’s self-reporting, nothing in the record supports this claim, nor is there evidence that any such “flashback” had an effect on his ability to control himself. Even taking the evidence at face value, the episode appears to have lasted only a few moments during Delahunt’s murder. The defendant was apparently not under the influence of POP at any other time. Thus, the flashback could not have affected his decision to begin the attack or to continue it once the flashback subsided; nor could it have played a role in his decision to kill Kagen and Wear later that night. We are therefore not convinced that Poyson’s ability to control his conduct was significantly affected by PCP use.

Other evidence in the record belies the defendant’s claim of impairment. For instance, he was able to concoct a ruse to obtain bullets from the neighbor. He also had the foresight to test the rifle, making sure it would work properly when needed, and to cut the telephone line to prevent Kagen and Wear from calling for help. These actions, coupled with the deliberateness with which the murders were carried out, lead us to conclude that the defendant was not suffering from any substantial impairment on the day in question. See State v. Tittle, 147 Ariz. 339, 343-44, 710 P.2d 449, 453-54 (1985) (detailed plan to commit murder was inconsistent with claim of impairment).

Poyson’s attempts to conceal his crimes also indicate that he was able to appreciate the wrongfulness of his actions. For example, he had Kimberly Lane sneak him into the main trailer after murdering Delahunt so that he could wash the blood from his hands. He also covered Wear’s body with debris in order to delay its discovery by police after he and the others had fled. These actions show that he “understood the wrongfulness of his acts and attempted to avoid prosecution.” State v. Jones, 185 Ariz. 471, 489, 917 P.2d 200, 218 (1996) ((G)(1) not satisfied where defendant took significant steps to conceal his crimes and evade capture); see also State v. Sharp, 193 Ariz. 414, 424, 973 P.2d 1171, 1181, cert. denied, 528 U.S. 936, 120 S.Ct. 341, 145 L.Ed.2d 266 (1999) ((G)(1) not proven where defendant attempted to hide evidence that might link him to the crime). We also note that the defendant was able to recall in remarkable detail how he committed these murders. We have found this to be a significant fact in rejecting a perpetrator’s claim that he could not appreciate the wrongfulness of his actions. See, e.g., State v. Gallegos, 185 Ariz. 340, 345, 916 P.2d 1056, 1061 (1996); Rossi, 154 Ariz. at 251, 741 P.2d at 1229; State v. Wallace, 151 Ariz. 362, 369, 728 P.2d 232, 239 (1986). We hold, therefore, that the defendant failed to prove the (G)(1) mitigating circumstance.

Id.

The court next considered Petitioner’s youth as a statutory mitigating factor, disagreeing with the trial court that Petitioner’s age of 19 did not satisfy A.R.S. § 13-703(G)(5) but finding that the factor was entitled to little weight:

Although Poyson was only nineteen at the time of the murders, the trial court ruled that his age was not a statutory mitigating factor under A.R.S. § 13-703(G)(5). The judge acknowledged that he was “relatively young, chronologically speaking,” but said that he was not so young, “[a]s far as the criminal justice system goes.” The court cited the fact that the defendant had lived on his own for some time before the crimes and had been working. Defendant argues that because of his age and immaturity, he was easily influenced by others, including his co-defendants in this case.

“The age of the defendant at the time of the murder can be a substantial and relevant mitigating circumstance.” State v. Laird, 186 Ariz. 203, 209, 920 P.2d 769, 775 (1996). We have found the (G)(5) factor to exist in cases where defendants were as old as nineteen and twenty. Chronological age, however, is not the end of the inquiry. To determine how much weight to assign the defendant’s age, we must also consider his level of intelligence, maturity, past experience, and level of participation in the killings. If a defendant has a substantial criminal history or was a major participant in the commission of the murder, the weight his or her age will be given may be discounted.

At his sentencing hearing, Poyson presented evidence that he was of “low average” intelligence. We agree with the trial court that this fact was shown by a preponderance of the evidence. Defendant also presented some evidence that he was immature and easily led by others. One of his cousins, for example, believed that because he lacked a consistent father figure growing up, he was prone to be influenced by older men like Frank Anderson. Arguably, these facts weigh in favor of assigning some mitigating weight to the defendant’s age. However, he was no stranger to the criminal justice system. As a juvenile, he had committed several serious offenses, including burglary and assault, for which he served time in a detention facility. Moreover, it is clear that he was a major participant in these murders at both the planning and execution stages.

We conclude that Poyson’s age is a mitigating circumstance. However, in light of his criminal history and his extensive participation in these crimes, we accord this factor little weight. See [State v.] Jackson, 186 Ariz. [20] at 31-32, 918 P.2d [1038] at 1049-50 [ (1996) ] (discounting defendant’s age based on his high level of participation in the murder); Gallegos, 185 Ariz. at 346, 916 P.2d at 1062 (same); Bolton, 182 Ariz. at 314, 896 P.2d at 854 (same).

Id. at 80-81, 7 P.3d at 89-90 (citations omitted).

Finally, the Arizona Supreme Court independently reviewed and reweighed the aggravating and mitigating circumstances to determine the propriety of the death sentence. Poyson, 198 Ariz. at 81-82, 7 P.3d at 90-91. Like the trial court, the state supreme court engaged in an extensive evaluation of the proffered nonstatutory mitigating circumstances. The court considered the evidence as follows:

Drug Use

The trial judge refused to accord any weight to the defendant’s substance abuse as a nonstatutory mitigating circumstance. It characterized the defendant’s claims that he had used drugs or alcohol in the past or was under the influence of drugs on the day of the murders as little more than “vague allegations.” As discussed above, we agree.

Mental Health

The trial court found that Poyson suffers from “certain personality disorders” but did not assign any weight to this factor. Dr. Celia Drake diagnosed the defendant with antisocial personality disorder, which she attributed to the “chaotic environment in which he was raised.” She found that there was, among other things, no “appropriate model for moral reasoning within the family setting” to which the defendant could look for guidance. However, we find no indication in the record that “the disorder controlled [his] conduct or impaired his mental capacity to such a degree that leniency is required.” State v. Brewer, 170 Ariz. 486, 505, 826 P.2d 783, 802 (1992); see also [State v.] Medina, 193 Ariz. [504] at 517, 975 P.2d [94] at 107 [ (1999) ] (holding that the defendant’s personality disorder “ha[d] little or no mitigating value” where the defendant’s desire to emulate his friends, not his mental disorder, was the cause of his criminal behavior). We therefore accord this factor no mitigating weight.

Abusive Childhood

The trial court found that the defendant failed to prove a dysfunctional family background or that he suffered physical or sexual abuse as a child. Defendant presented some evidence that as a youngster he was physically and mentally abused by several stepfathers and his maternal grandmother. He also self-reported one instance of sexual assault by a neighbor. Again, however, defendant did not show that his traumatic childhood somehow rendered him unable to control his conduct. Thus, the evidence is without mitigating value.

Remorse

The trial court found that the defendant was remorseful about the commission of the offenses but gave that circumstance no weight. The court thought that if he were truly remorseful, he would have prevented one or two of the killings or would have turned himself in. Defendant presented some evidence of remorse. Sgt. Stegall testified that during questioning Poyson expressed remorse, particularly about the murder of Delahunt. In his statement to Detective Cooper, the defendant said that he felt “bad” about all of the murders. We find this evidence unpersuasive and, like the trial judge, accord it no real significance.

Potential for Rehabilitation

The trial court ruled that the defendant failed to prove that he could be rehabilitated. The judge said that “[i]f there is anything that has been presented to even suggest that, I must have missed it.” Dr. Drake’s report suggests that the defendant is rehabilitatable, based on his past history of success in other institutional settings. She said that “[t]here are some indications that he ... was responsive to the structure provided in various placements. In discharge summaries from all three institutions in which he was placed there was documented progress.” We find that this evidence has some mitigating value. See State v. Murray, 184 Ariz. 9, 40, 906 P.2d 542, 573 (1995) (potential for rehabilitation can be a mitigating circumstance).

Family Support

The trial court found that the defendant failed to establish any meaningful family support. At the mitigation hearing, the defendant’s mother and aunt testified. Other relatives cooperated with Mr. Abbott, the defense mitigation specialist, during his investigation, and several family members wrote letters asking the court to spare Poyson’s life. We accord this factor minimal mitigating weight. See State v. Gonzales, 181 Ariz. 502, 515, 892 P.2d 838, 851 (1995) (family support can be given de minimis weight in mitigation).

After our independent review, we conclude that even crediting defendant’s cooperation with law enforcement, age, potential for rehabilitation, and family support, the mitigating evidence in this case is not sufficiently substantial to call for leniency.

Id.

Analysis

Once a determination is made that a person is eligible for the death penalty, the sentencer must then consider relevant mitigating evidence, allowing for “an individualized determination on the basis of the character of the individual and the circumstances of the crime.” Tuilaepa v. California, 512 U.S. 967, 972, 114 S.Ct. 2630, 129 L.Ed.2d 750 (1994). The Supreme Court has explained that “evidence about the defendant’s background and character is relevant because of the belief, long held by this society, that defendants who commit criminal acts that are attributable to a disadvantaged background [or to emotional and mental problems] may be less culpable than defendants who have no such excuse.” Wiggins v. Smith, 539 U.S. 510, 535, 123 S.Ct. 2527, 156 L.Ed.2d 471 (2003) (quoting Penry v. Lynaugh, 492 U.S. 302, 319, 109 S.Ct. 2934, 106 L.Ed.2d 256 (1989)). Therefore, the sentencer in a capital case is required to consider any mitigating information offered by a defendant, including non-statutory mitigation. See Lockett v. Ohio, 438 U.S. 586, 604, 98 S.Ct. 2954, 57 L.Ed.2d 973 (1978) (right to individualized sentencing in capital cases violated by Ohio statute that permitted consideration of only three mitigating factors); Eddings v. Oklahoma, 455 U.S. 104, 113-15, 102 S.Ct. 869, 71 L.Ed.2d 1 (1982) (Lockett violated where state courts refused as a matter of law to consider mitigating evidence that did not excuse the crime). In Lockett and Eddings, the Court held that under the Eighth and Fourteenth Amendments the sentencer must be allowed to consider, and may not refuse to consider, “any aspect of a defendant’s character or record and any of the circumstances of the offense that the defendant proffers as a basis for a sentence less than death.” Lockett, 438 U.S. at 604, 98 S.Ct. 2954.

However, while the sentencer must not be foreclosed from considering relevant mitigation, “it is free to assess how much weight to assign such evidence.” Ortiz v. Stewart, 149 F.3d 923, 943 (9th Cir.1998); see also State v. Newell, 212 Ariz. 389, 405, 132 P.3d 833, 849 (2006) (mitigating evidence must be considered regardless of whether there is a “nexus” between the mitigating factor and the crime, but the lack of a causal connection may be considered in assessing the weight of the evidence). As the Eddings court explained: “The sentencer ... may determine the weight to be given relevant mitigating evidence. But they may not give it no weight by excluding such evidence from their consideration.” 455 U.S. at 114-15, 102 S.Ct. 869.

In its analysis of Claims 2 and 3, the Court takes several principles into account. First, the Supreme Court has held that if a death penalty scheme provides a rational criterion for eligibility and no limitation on the consideration of relevant circumstances that could mitigate against a death sentence, then “the States enjoy their traditional latitude to prescribe the method by which those who commit murder shall be punished.” Romano v. Oklahoma, 512 U.S. 1, 7, 114 S.Ct. 2004, 129 L.Ed.2d 1 (1994) (quoting Blystone v. Pennsylvania, 494 U.S. 299, 309, 110 S.Ct. 1078, 108 L.Ed.2d 255 (1990)). The Court has emphasized that there is no required formula for weighing mitigating evidence, and the sentencer may be given “unbridled discretion in determining whether the death penalty should be imposed after it has found that the defendant is a member of the class made eligible for that penalty.” Zant v. Stephens, 462 U.S. 862, 875, 103 S.Ct. 2733, 77 L.Ed.2d 235 (1983); see Kansas v. Marsh, 548 U.S. 163, 175, 126 S.Ct. 2516, 165 L.Ed.2d 429 (2006) (“our precedents confer upon defendants the right to present sentencers with information relevant to the sentencing decision and oblige sentencers to consider that information in determining the appropriate sentence. The thrust of our mitigation jurisprudence ends here.”); Harris v. Alabama, 513 U.S. 504, 512, 115 S.Ct. 1031, 130 L.Ed.2d 1004 (1995) (Constitution does not require that a specific weight be given to any particular mitigating factor); Tuilaepa, 512 U.S. at 979-80, 114 S.Ct. 2630.

Conversely, while the sentencer in a capital case may be afforded unbridled discretion in considering the appropriate sentence, “there is no ... constitutional requirement of unfettered sentencing discretion in the jury, and States are free to structure and shape consideration of mitigating evidence ‘in an effort to achieve a more rational and equitable administration of the death penalty.’ ” Boyde v. California, 494 U.S. 370, 377, 110 S.Ct. 1190, 108 L.Ed.2d 316 (1990) (quoting Franklin v. Lynaugh, 487 U.S. 164, 181, 108 S.Ct. 2320, 101 L.Ed.2d 155 (1988) (plurality opinion)); see Johnson v. Texas, 509 U.S. 350, 362, 113 S.Ct. 2658, 125 L.Ed.2d 290 (1993). The Supreme Court has explained that “Lockett and its progeny stand only for the proposition that a State may not cut off in an absolute manner the presentation of mitigating evidence, either by statute or judicial instruction, or by limiting the inquiries to which it is relevant so severely that the evidence could never be part of the sentencing decision at all.” Johnson, 509 U.S. at 361-62, 113 S.Ct. 2658 (quoting McKoy v. North Carolina, 494 U.S. 433, 456, 110 S.Ct. 1227, 108 L.Ed.2d 369 (1990) (Kennedy, J., concurring in judgment)). Thus, “[although Lockett and Eddings prevent a State from placing relevant mitigating evidence ‘beyond the effective reach of the sentencer,’ Graham v. Collins, [506 U.S. 461, 475, 113 S.Ct. 892, 122 L.Ed.2d 260 (1993) ], those cases and others in that decisional line do not bar a State from guiding the sentencer’s consideration of mitigating evidence.” Johnson, 509 U.S. at 362, 113 S.Ct. 2658.

Finally, on habeas review, a federal court does not evaluate the substance of each piece of evidence submitted as mitigation. Instead, it reviews the record to ensure the state court allowed and considered all relevant mitigating information. See Jeffers v. Lewis, 38 F.3d 411, 418 (9th Cir.1994) (en banc) (when it is evident that all mitigating evidence was considered, the trial court is not required to discuss each piece of evidence); see also Lopez v. Schriro, 491 F.3d 1029, 1037 (9th Cir.2007), cert. denied, 552 U.S. 1224, 128 S.Ct. 1227, 170 L.Ed.2d 140 (2008) (rejecting claim that the sentencing court failed to consider proffered mitigation where the court did not prevent the defendant from presenting any evidence in mitigation, did not affirmatively indicate there was any evidence it would not consider, and expressly stated it had considered all mitigation evidence proffered by the defendant). As the Ninth Circuit explained in LaGrand v. Stewart, 133 F.3d 1253, 1263 (9th Cir.1998), rejecting the petitioner’s argument that the state courts failed to consider the mitigation evidence “fully”:

federal courts do not review the imposition of the sentence de novo. Here, as in the state courts’ finding of the existence of an aggravating factor, we must use the rational fact-finder test of Lewis v. Jeffers. That is, considering the aggravating and mitigating circumstances, could a rational fact-finder have imposed the death penalty?

The court reiterated that such a determination takes into account the strength of the aggravating factors, which, in the LaG-rand case, included pecuniary gain and a murder committed in an especially cruel, heinous, or depraved manner. Id.

Applying these principles, it is apparent in Petitioner’s case that the trial court and the Arizona Supreme Court fulfilled their constitutional obligation by allowing and considering all of the mitigating evidence.

In Claim 2, Petitioner relies on Tennard v. Dretke, 542 U.S. 274, 289, 124 S.Ct. 2562, 159 L.Ed.2d 384 (2004), for the proposition that the death penalty was unconstitutionally imposed in his case because Arizona law required capital defendants to show a causal connection or nexus between the proffered mitigation evidence and the crimes. (Dkt. 27 at 39-44.) In Claim 3, Petitioner alleges that the trial court did not give adequate weight to several mitigating circumstances proffered at sentencing, including his impaired capacity, remorse, and alcohol and drug use. (Dkt. 27 at 44-48.) The following analysis, while focusing on the causal connection issue, necessarily addresses the arguments raised in both claims.

With respect to Claim 2, the Court disagrees that the holding in Tennard entitles Petitioner to habeas relief. In Tennard, the Supreme Court revisited Texas’s capital sentencing procedure, which it had addressed in several previous cases, including Penry v. Lynaugh, 492 U.S. 302, 109 S.Ct. 2934, 106 L.Ed.2d 256 (1989) (Penry I), and Penry v. Johnson, 532 U.S. 782, 121 S.Ct. 1910, 150 L.Ed.2d 9 (2001) (.Penry II). The sentencing procedure at issue required the jury to answer three special questions: first, whether the conduct of the defendant was deliberate and committed with the reasonable expectation that death would result; second, whether there is a reasonable probability that the defendant would commit further acts of violence that would constitute a continuing threat to society; and third, if raised by the evidence, whether the defendant’s conduct was unreasonable in response to any provocation by the deceased. Penry I, 492 U.S. at 310, 109 S.Ct. 2934. If the jury answered each question affirmatively, the court must sentence the defendant to death. Id.

In Penry I, the Supreme Court held that this special issues scheme violated the Eighth Amendment by failing to allow jurors to give full effect to evidence of the defendant’s mental retardation and childhood abuse. Id. at 319-28, 109 S.Ct. 2934. The Court explained that in the context of the special issues, Penry’s mental retardation had relevance beyond the issue of the deliberateness of the crime and, with respect to future dangerousness, would be viewed as aggravating rather than mitigating evidence, in that it suggested Penry would be unable to learn from his mistakes. Id. at 322-23, 109 S.Ct. 2934. In Penry II, the Court held that the defects in Texas’s sentencing scheme were not cured by a supplemental instruction directing the jury to consider and weigh mitigating circumstances and stating that jurors could answer no to a special issue if they believed that a life sentence was appropriate. 532 U.S. at 789-90, 121 S.Ct. 1910. The Court found that the instruction failed to address the fact that “none of the special issues is broad enough to provide a vehicle for the jury to give mitigating effect to the evidence of Penry’s mental retardation and childhood abuse.” Id. at 798, 121 S.Ct. 1910. Also, because such evidence did not fit within the scope of the special issues, “answering those issues in the manner prescribed on the verdict form necessarily meant ignoring the command of the supplemental instruction.” Id. at 799-800,121 S.Ct. 1910.

In Tennard, the Court held that the habeas petitioner was entitled to a certificate of appealability on his claim that Texas’s capital sentencing scheme failed to provide a constitutionally adequate opportunity to present his low IQ as a mitigating factor. 542 U.S. at 289, 124 S.Ct. 2562. Tennard was sentenced to death after the jury provided affirmative answers to the deliberateness and future dangerousness special issues. The district court denied Tennard’s federal habeas petition in which he claimed that his death sentence violated the Eighth Amendment as interpreted in Penry, and denied a certificate of appealability (COA). The Fifth Circuit agreed that Tennard was not entitled to a COA. Tennard v. Cockrell, 284 F.3d 591 (5th Cir.2002). This decision was based on the circuit court’s application of a threshold test for the constitutional relevance of mitigating evidence, according to which relevant mitigating evidence is evidence of a “uniquely severe permanent handicap” that bore a “nexus” to the crime. Id. at 595. The court concluded that low IQ evidence alone does not constitute a uniquely severe condition and that no evidence tied Tennard’s IQ to retardation. Id. at 596. The court also determined that even if Tennard’s low IQ amounted to mental retardation evidence, he failed to show that his crime was attributable to his mental capacity. Id. at 597-97.

The Supreme Court reversed, holding that Tennard was entitled to a COA with respect to the district court’s denial of his Penry claim. Tennard, 542 U.S. at 289, 124 S.Ct. 2562. In doing so, the Court rejected the Fifth Circuit’s “screening test,” explaining that “impaired intellectual functioning is inherently mitigating,” id. at 287, 124 S.Ct. 2562 (quoting Atkins v. Virginia, 536 U.S. 304, 316, 122 S.Ct. 2242, 153 L.Ed.2d 335 (2002)), and that the relevance of “low IQ evidence” does not depend on a “nexus” between the evidence and the crime, id. The Court stated that “we cannot countenance the suggestion that low IQ evidence is not relevant mitigating evidence — and thus that the Penry question need not even be asked — unless the defendant also establishes a nexus to the crime.” Id. In Smith v. Texas, 543 U.S. 37, 44-45, 125 S.Ct. 400, 160 L.Ed.2d 303 (2004) (per curiam), the Court again rejected the causal nexus screening test, this time as it was applied by the state appellate court in finding evidence of Smith’s low IQ and troubled childhood irrelevant for mitigation purposes.

In Tennard the Supreme Court condemned the circuit’s ruling because it barred review of whether the Texas special issues framework could give full effect to relevant mitigating evidence proffered by Tennard. The holding in Tennard does not entitle Petitioner to relief because Arizona law did not impose any such barrier to consideration of Petitioner’s mitigating evidence.

As an initial matter, Arizona’s death penalty statute, unlike the special issues framework in Texas, explicitly provides for the type of review mandated by Lockett and Eddings:

Mitigating circumstances shall be any factors proffered by the defendant or the state which are relevant in determining whether to impose a sentence less than death, including any aspect of the defendant’s character, propensities or record and any of the circumstances of the offense, including but not limited to the following [enumerated statutory mitigating factors].

A.R.S. § 13-703(G)(1) (West 1996) (transferred and renumbered as A.R.S. § 13-751 in 2009). Arizona’s sentencing statute thus establishes a framework for the consideration of mitigating evidence far less restrictive than that provided by the special issues system that was the subject of Tennard, Penry, and Johnson.

Because the statute mandates the consideration of any relevant mitigating evidence, the only question is whether the Arizona courts’ application of a causal connection to certain types of mitigating evidence violates Lockett and Eddings. The Court concludes that it does not. Instead, Arizona’s causal nexus test is a permissible means of guiding a sentencer’s discretion in considering and weighing mitigating evidence.

The Court finds support for this conclusion in cases such as Johnson v. Texas and Saffle v. Parks, 494 U.S. 484, 110 S.Ct. 1257, 108 L.Ed.2d 415 (1990), which stand for the proposition that states may “structure and shape consideration of mitigating evidence.” Johnson, 509 U.S. at 362, 113 S.Ct. 2658 (interior quotations omitted). In Johnson, the petitioner argued that the Texas special issues framework prevented the jury from giving effect to his youth as a mitigating circumstance. 509 U.S. at 366, 113 S.Ct. 2658. The Court disagreed, holding that the jury, which had been instructed to consider all mitigating evidence, could give effect to evidence of Johnson’s age in the context of the future dangerousness special issue. Id. at 367-70, 113 S.Ct. 2658. The Court further explained that “accepting petitioner’s arguments would entail an alteration of the rule of Lockett and Eddings. Instead of requiring that a jury be able to consider in some manner all of a defendant’s relevant mitigating evidence, the rule would require that a jury be able to give effect to mitigating evidence in every conceivable manner in which the evidence might be relevant.” Id. at 372,113 S.Ct. 2658.

In Saffle v. Parks, the Supreme Court held that an instruction directing the jury to avoid any influence of sympathy when imposing sentence did not violate Lockett and Eddings by barring relevant mitigating evidence from being presented and considered during the penalty phase of a capital proceeding. The Court rejected Parks’s argument that “jurors who react sympathetically to mitigating evidence may interpret the instruction as barring them from considering that evidence altogether,” stating that the “argument misapprehends the distinction between allowing the jury to consider mitigating evidence and guiding their consideration. It is no doubt constitutionally permissible, if not constitutionally required, for the State to insist that ‘the individualized assessment of the appropriateness of the death penalty [be] a moral inquiry into the culpability of the defendant, and not an emotional response to the mitigating evidence.’ ” Id. at 492-93, 110 S.Ct. 1257 (citation omitted) (quoting California v. Brown, 479 U.S. 538, 545, 107 S.Ct. 837, 93 L.Ed.2d 934 (1987)). The Court explained: “The State must not cut off full and fair consideration of mitigating evidence; but it need not grant the jury the choice to make the sentencing decision according to its own whims or caprice.” Id. at 493, 110 S.Ct. 1257. The Court further observed that “there is no contention that the State altogether prevented Parks’ jury from considering, weighing, and giving effect to all of the mitigating evidence that Parks put before them; rather, Parks’s contention is that the State has unconstitutionally limited the manner in which his mitigating evidence may be considered. As we have concluded above, the former contention would come under the rule of Lockett and Eddings; the latter does not.” Id. at 491, 110 S.Ct. 1257; see Eddings, 455 U.S. at 113, 102 S.Ct. 869 (distinguishing between “evaluating] the evidence in mitigation and finding it wanting as a matter of fact” and refusing as a “matter of law ... even to consider the evidence”); Williams v. Stewart, 441 F.3d 1030, 1057 (9th Cir.2006) (“We have recognized a distinction between a failure to consider relevant mitigating evidence and a conclusion that such evidence was not mitigating.”).

Petitioner’s contention is that the Arizona courts, by way of the causal nexus test applied to certain types of mitigating evidence, impermissibly limited the manner in which his mitigating evidence was considered. However, because the state courts did not altogether prevent the sentencer from considering and weighing Petitioner’s mitigating evidence, Lockett and Eddings were not violated.

The state courts did not give the proffered mitigating evidence “no weight by excluding such evidence from their consideration.” Eddings, 455 U.S. at 114-15, 102 S.Ct. 869 (emphasis added). Petitioner’s “mitigating evidence was not placed beyond the [sentencer’s] effective reach,” nor was the “sentencer ... precluded from even considering certain types of mitigating evidence.” Johnson, 509 U.S. at 366, 113 S.Ct. 2658. The state courts did not violate Lockett and Eddings by excluding any of Petitioner’s proffered mitigating evidence. See Skipper v. South Carolina, 476 U.S. 1, 8-9, 106 S.Ct. 1669, 90 L.Ed.2d 1 (1986) (Lockett and Eddings violated when trial court excluded as irrelevant testimony from jailer regarding defendant’s positive adjustment to incarceration); Davis v. Coyle, 475 F.3d 761, 771-73 (6th Cir.2007) (Lockett and Eddings violated when resentencing court disallowed relevant evidence of good behavior in prison); Jones v. Polk, 401 F.3d 257, 262-64 (4th Cir.2005) (violation where court excluded testimony that defendant had expressed remorse). To the contrary, as illustrated above, the sentencing court and the Arizona Supreme Court were afforded “full access” to the proffered mitigation information, Marsh, 548 U.S. at 174, 126 S.Ct. 2516, which they carefully analyzed and weighed.

The trial court and the state supreme court thoroughly discussed the mitigating circumstances advanced by Petitioner at sentencing, including his family background, mental health, and substance abuse. The fact that the courts accorded these factors little or no weight does not amount to a constitutional violation under Lockett and Eddings. Ortiz v. Stewart, 149 F.3d 923, 943 (9th Cir.1998); Ceja v. Stewart, 97 F.3d 1246, 1251 (9th Cir.1996); Atkins v. Singletary, 965 F.2d 952, 962 (11th Cir.1992) (“Although Atkins argues that the trial judge did not consider non-statutory factors, it is more correct to say that the trial judge did not accept — that is, give much weight to — Atkins’ nonstatutory factors. Acceptance of nonstatutory mitigating factors is not constitutionally required; the Constitution only requires that the sentencer consider the factors.”); State v. Mata, 185 Ariz. 319, 331 n. 6, 916 P.2d 1035, 1047 (1996) (“Defendant seems to believe that a trial court only ‘considers’ mitigating evidence if it imposes a mitigated sentence. The law is to the contrary. So long as the trial court considers the evidence, the judge is not bound to conclude that the evidence calls for leniency.”). The Court is simply unaware of any support for the proposition that mitigating evidence, once admitted and under consideration, is entitled to any specific weight. See, e.g., Allen v. Buss, 558 F.3d 657, 667 (7th Cir.2009) (“The rule of Eddings is that a sentencing court may not exclude relevant mitigating evidence. But of course, a court may choose to give mitigating evidence little or no weight.”) (internal citations omitted); United States v. Johnson, 495 F.3d 951, 966 (8th Cir.2007) (jurors in capital sentencing are “obliged to consider relevant mitigating evidence, but are permitted to accord that evidence whatever weight they choose, including no weight at all”); Schwab v. Crosby, 451 F.3d 1308, 1329-30 (11th Cir.2006) (“The Constitution requires that the sentencer be allowed to consider and give effect to evidence offered in mitigation, but it does not dictate the effect that must be given once the evidence is considered; it does not require the sentencer to conclude that a particular fact is mitigating or to give it any particular weight.”).

The Court is likewise unaware of any precedent holding that it is inappropriate for a sentencer, when weighing mitigating evidence concerning a defendant’s background, substance abuse, or mental health, to consider the extent to which the evidence offers an explanation of the criminal conduct. See Allen v. Woodford, 395 F.3d 979, 1005-10 (9th Cir.2005) (noting that mitigating evidence may serve both a “humanizing” and an “explanatory” or “exculpatory” purpose, with greater weight generally being ascribed to the latter category). The Ninth Circuit has addressed the Tennard issue in two recent cases: Styers v. Schriro, 547 F.3d 1026 (9th Cir.2009) (per curiam), cert. denied, - U.S. -, 130 S.Ct. 379, 175 L.Ed.2d 233 (2009); and Schad v. Ryan, 595 F.3d 907 (9th Cir.2010). In Styers, the Arizona Supreme Court struck one of the aggravating factors found by the sentencing court, then reweighed the remaining aggravating factors against the mitigating c