Fairbank v. Ayers

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 based on a reasonable trial strategy of gaining credibility with the jury to argue that Fairbank could be controlled in prison, thereby making a death sentence unnecessary.