Sully v. Ayers, No. 08-99011 (8-6-13)(Thomas with Berzon and N. Smith). The 9th affirmed the denial of petitioner's habeas claims challenging six capital murders and sentences. The 9th concludes that counsel was not ineffective in failing to present mental health evidence in the penalty phase, nor ineffective in impeachment. The evidence against the petitioner was overwhelming, the crimes unusually brutal, and the victims many. The petitioner, by the way, was a former police officer who obviously "broke bad."
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