Affirmed by published opinion. Judge TRAXLER wrote the majority opinion, in which Judge SHEDD joined. Judge GREGORY wrote an opinion concurring in part and dissenting in part.
TRAXLER, Circuit Judge.
Appellant Christopher Scott Emmett was convicted by a Virginia jury of the capital murder and robbery of his coworker, John Langley, and sentenced to death. The Supreme Court of Virginia affirmed, see Emmett v. Commonwealth, 264 Va. 364,
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