Petition for Rehearing Denied En Banc: November 28, 2003.
Pursuant to Sixth Circuit Rule 206
GILMAN, J., delivered the opinion of the court, in which CLAY, J., joined. BATCHELDER, J., (pp. 802-807), delivered a separate opinion concurring in part and dissenting in part.
OPINION
GILMAN, Circuit Judge.
Tiffany Skiba was stabbed to death on November 8, 1990. The grand jury in Cuyahoga County, Ohio indicted Richard
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