MARTIN, J. (pp. ___-___), delivered a separate opinion concurring in part and dissenting in part.
OPINION
COOK, Circuit Judge.
Petitioner Robert Carl Foley was convicted of murder in Kentucky and sentenced to death. After a lengthy appellate process in the Kentucky courts, Foley filed a habeas petition raising thirty-six separate grounds for relief. The district court reviewed and denied each one, but granted a Certificate of Appealability (COA)...
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