murder trial violates the Eighth Amendment.” Id. Just a few years later, however, the Court retreated from this holding, declaring that “if the State chooses to permit the admission of victim impact evidence ..., the Eighth Amendment erects no per se bar.” Payne v. Tennessee, 501 U.S. 808, 827, 111 S.Ct. 2597, 115 L.Ed.2d 720 (1991). The Payne Court noted that it overturned only that part of Booth that disallowed “evidence ... relating to the victim and the impact of the victim’s death on the victim’s family.” Id. at 830 n. 2, 111 S.Ct. 2597. The Court did not disturb that portion of Booth that forbids “a victim’s family members’ characterization and opinions about the crime, the defendant, and the appropriate sentence.” Id.; see also Welch v. Sirmons, 451 F.3d 675, 703 (10th Cir.2006) (<HOLDING>). We agree with the Ohio Supreme Court that the
recognizing limitations existence in other circuits holding that the same conclusion is compelled by this circuits reasoning in an analogous case recognizing this rule recognizing that many circuits have found that this portion of booths holding survived the holding in payne and remains valid holding that this is the rule in virtually all circuits