MEMORANDUM AND ORDER
ALLEN SHARP, District Judge.
This proceeding is a petition filed by counsel on behalf of the petitioner, Obadyah Ben-Yisrayl f/k/a Christopher Peterson, seeking relief under 28 U.S.C. § 2254 from a state court criminal proceeding in which he was sentenced to death. Two published opinions of the Supreme Court of Indiana will provide the basic factual setting of this case. In Ben-Yisrayl v. State,
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