FAIRBANK v. AYERS

No. 08-99018.

650 F.3d 1243 (2011)

Robert Green FAIRBANK, Petitioner-Appellant, v. Robert L. AYERS, Jr., Warden for California State Prison at San Quentin, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed February 15, 2011.

Amended August 10, 2011.


Attorney(s) appearing for the Case

Mark Raymond Drozdowski , Federal Public Defender, Los Angeles, CA, for the appellant.

Nanette Sue Winaker , Deputy Assistant Attorney General, San Francisco, CA, for the appellee.

Before: MARY M. SCHROEDER, SIDNEY R. THOMAS, and RONALD M. GOULD, Circuit Judges.


ORDER

The opinion is amended as follows:

1. Page 2473, line 19 to line 23. Replace:

Fricke's testimony was generally favorable to defendant, and any negative inferences were based on a trial strategy of gaining credibility with the jury to argue that Fairbank could be controlled in prison, thereby making a death sentence unnecessary.

With:

Fricke's testimony was generally favorable to defendant, and any negative inferences were...

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