BATCHELDER, J., delivered the opinion of the court, in which GILMAN, J., joined. MOORE, J. (pp. 643-53), delivered a separate dissenting opinion. OPINION ALICE M. BATCHELDER, Circuit Judge. Petitioner John Fautenberry (“Fauten-berry”), a prisoner in the state of Ohio awaiting execution, appeals the district *620 court’s denial of…
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