ROGERS, J., delivered the opinion of the court, in which BATCHELDER, J., joined. MOORE, J. (pp, 838-11), delivered a separate dissenting opinion. OPINION ROGERS, Circuit Judge. The state of Ohio indicted Petitioner Billy Joe Sowell for murder, with a stipulation that he could receive the death penalty. Relying on advice of his counsel, So-well opted to be tried by a three-judge panel rath…
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