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SULLY v. AYERS

No. 08-99011.

725 F.3d 1057 (2013)

Anthony John SULLY, Petitioner-Appellant, v. Robert L. AYERS, Jr., Warden of California State Prison at San Quentin, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 6, 2013.

Attorney(s) appearing for the Case

Richard B. Mazer , San Francisco, CA, for Petitioner-Appellant.

Kamala D. Harris , Attorney General, Dane R. Gillette , Chief Assistant Attorney General, Gerald A. Engler , Senior Assistant Attorney General, Glenn R. Pruden , Supervising Deputy Attorney General, Alice B. Lustre and Gregg E. Zywicke (argued), Deputy Attorneys General, San Francisco, CA, for Respondent-Appellee.

Before: SIDNEY R. THOMAS, MARSHA S. BERZON, and N. RANDY SMITH, Circuit Judges.

OPINION

THOMAS, Circuit Judge:

A California jury convicted Anthony John Sully of six counts of first-degree murder and sentenced him to death. The California Supreme Court summarily denied Sully's state habeas petition, and the district court granted Respondent's motions for summary judgment with respect to Sully's federal habeas petition. Sully now appeals the district court's decision. We affirm.

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