Fairbank

Fairbank v. Ayers

Good Law
632 F.3d 612·2011 WL 504799·2011 U.S. App. LEXIS 2907
United States Court of Appeals for the Ninth CircuitFebruary 15, 2011No. 08-99018California5,125 words

Opinion

Lead Opinion

Thomas, J.

Robert Green Fairbank, a California state prisoner, appeals the district court’s denial of his 28 U.S.C. § 2254 habeas corpus petition challenging his guilty plea and capital sentence for murder. Fairbank alleges trial counsel rendered ineffective assistance by: (1) failing to investigate and present mitigating evidence; (2) presenting allegedly prejudicial and aggravating information; (3) advising Fairbank to plead guilty after two days of trial; and (4) portraying Fairbank in a negative light in closing arguments. Fairbank also alleges that the use of letters written by him to a jailhouse informant violated his right to counsel under the Sixth Amendment and that the prosecutor committed misconduct by eliciting testimony about Fairbank’s racial slur. Finally, Fairbank alleges he was prejudiced by the cumulative impact of these errors. We have jurisdiction under 28 U.S.C. § 2253 , and we affirm.

I

On December 5, 1985, Fairbank invited his neighbor, Arlene G., into his home under false pretenses and sexually assaulted her. Fairbank was convicted of crimes associated with this conduct in 1985. One week after this assault and Fairbank’s subsequent arrest, while Fairbank…

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