GIBBONS, J., delivered the opinion of the court, in which SILER, J., joined. CLAY, J. (pp. 971-77), delivered a separate dissenting opinion. OPINION JULIA SMITH GIBBONS, Circuit Judge. Petitioner-appellant John J. Eley was convicted in Ohio of aggravated murder and aggravated robbery and sentenced to death. He now appeals the district court’s denial of his petition for a writ of ha…
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