CARNES, Circuit Judge: Arthur D. Rutherford told a friend that he planned to rob and murder a woman, bragging that he “wouldn’t do the time but he was damn sure gonna do the crime.” He carried out the first part of his boast when he brutally murdered a widow who lived alone; he could not pull off the second part, and since 1986 he has been doing the time for that crime on death row. The bottom line question in this ■ appea…
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