SUHRHE INRICH, J., delivered the opinion of the court, in which BATCHELDER, J., joined. NATHANIEL R. JONES, J. (pp. 542-52), delivered a separate dissenting opinion. OPINION SUHRHEINRICH, Circuit Judge. In August 1983, the Court of Common Pleas in Hamilton County, Ohio, sentenced Petitioner, John W. Byrd, Jr., to death for the aggravated murder of Monte Tewks-bury. The Ohio state courts…
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