CLAY, J., delivered the opinion of the court in Parts I.A., II.B., and II.C. below. GILMAN, J. (pp. 344-347), delivered the opinion of the court in Part I. of his concurring opinion. MOORE, J. (pp. 347-350), delivered a separate dissenting opinion. OPINION CLAY, Circuit Judge. Petitioner, Theodore J. Lyons, was convicted in August of 1987 of first-degree criminal sexual assault and sentenc…
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