Amended panel opinion after denial of en banc.
No prejudice from ineffective assistance claim based on admission of victim photos, as objection would have been useless under res judicata -- similar photos previously held admissible in another case.
Aggravating circumstance of victim suffering was imposed using an unconstitutionally broad standard for potential suffering, state habeas to contrary was an unreasonable application of the law.
Dissent:
Ineffective assistance claims generally procedurally barred, as state provided time to raise them
A reasonable finder of fact might have determined that victim suffered, regardless of how broad the potential application of the standard might be.
https://www.ca10.uscourts.gov/opinions/14/14-6117.pdf
Since 2011. An occasional commonplacing of the U.S. Circuit Courts of Appeal.
Neither an authoritative statement of the law nor legal advice. Quick work.