In re: Douglas Coley

The court delivered a PER CURIAM order. MERRITT, J. (pp. 458-59), delivered a separate dissenting opinion.

ORDER

In these combined appeals, Douglas Coley asks this court to remand his case to the district court or to grant him permission to file a second or successive petition under 28 U.S.C. § 2254. See 28 U.S.C. *457§ 2244(b)(3)(A). In either scenario, Coley hopes to argue that the Supreme Court’s recent decision in Hurst v. Florida, — U.S.—, 136 S.Ct. 616, 193 L.Ed.2d 504 (2016), renders Ohio’s death-penalty scheme unconstitutional. We DENY both requests.

In 1998, a jury convicted Coley of one…