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KAYER v. RYAN

No. 09-99027.

923 F.3d 692 (2019)

George Russell KAYER, Petitioner-Appellant, v. Charles L. RYAN, Warden, Director of the Arizona Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed May 13, 2019.

Attorney(s) appearing for the Case

Jennifer Y. Garcia (argued) and Emma L. Smith , Assistant Federal Public Defenders; Jon M. Sands , Federal Public Defender; Office of the Federal Public Defender, Phoenix, Arizona; for Petitioner-Appellant.

John Pressley Todd (argued), Special Assistant Attorney General; Jacinda A. Lanum , Assistant Attorney General; Lacey Stover Gard , Chief Counsel; Dominic Draye , Solicitor General; Mark Brnovich , Attorney General; Office of the Attorney General, Phoenix, Arizona; for Respondent-Appellee.

Partial Concurrence and Partial Dissent by Judge Owens.

OPINION

George Russell Kayer was convicted of first degree murder and sentenced to death in Arizona Superior Court in 1997. During a brief penalty-phase hearing, Kayer's counsel argued as a mitigating circumstance that Kayer suffered from mental illness and was a substance abuser, but provided very little evidence...

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