Robert Carl Foley v. Philip Parker, Warden, Kentucky State Penitentiary

MARTIN, J. (pp. 392-96), delivered a separate dissenting opinion.

AMENDED 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) as to four of Foley’s claims. Upon Foley’s request, we expanded the COA to include a *381fifth claim. For the reasons set forth below, we affirm the district court’s judgment.

I.…