COLE, J., delivered the opinion of the court, in which DAUGHTREY, J., joined. SILER, J. (p. 364-65), delivered a separate opinion concurring in part and dissenting in part.
OPINION
R. GUY COLE, JR., Circuit Judge.
This case is on remand to us from the Supreme Court. On January 25, 2005, we reversed the judgment of the district court denying Kenneth Richey's petition for a writ of habeas corpus, on the grounds that (1) Ohio law did not permit Richey...
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