On March 12, 2014, the Ninth Circuit issued an order stating that McKinney v. Ryan
, 09-99018 will be reheard en banc. The three-judge panel decision (McKinney v. Ryan, 730 F.3d 903 (9th Cir. 2013)
) may no longer be cited as precedent in the Ninth Circuit. The rehearing petition had argued: “[E]n banc review is necessary as the majority opinion in this case: (1) conflicts with the Eddings v. Oklahoma, 455 U.S. 104 (1983)
, Tennard v. Dretke, 542 U.S. 274, 283-87 (2004)
, Lockett v. Ohio, 438 U.S. 586, 604-06 (1978)
, Penry v. Lynaugh, 492 U.S. 302, 319 (1989)
line of cases; and (2) conflicts with other decisions of this Court.” Specifically, the case involves the question of whether the Arizona courts improperly refused to consider McKinney’s evidence of post traumatic stress disorder because McKinney had failed to establish a causal nexus between his condition and the capital offense.