court rejected petitioner’s claims, stating: “Evidence or comments about crime victims, including the impact of a crime on victims, do not offend the United States or Ohio Constitutions, and did not harm appellant.” State v. Taylor, 78 Ohio St.3d 15, 28, 676 N.E.2d 82 (1997) (citing Payne v. Tennessee, 501 U.S. 808, 111 S.Ct. 2597, 115 L.Ed.2d 720 (1991)) (further citations omitted). The Ohio Supreme Court further found that the prosecutor had not improperly commented on nonstatutory aggravating factors by referring to petitioner’s prior murder convictions because “the charged death-penalty specification alleged appellant had previously been convicted of murder.” Id. Petitioner cannot demonstrate that the Ohio Supreme Court’s opinion was clearly contrary to Payne v. Tennessee, supra, (<HOLDING>), or any other United States Supreme Court
holding that res judicata does not apply where the prior claim was founded on the eighth amendment and the current claimwas premised on the due process clause of the fourteenth amendment holding that the victim impact and victim vulnerability aggravators were not overbroad and explaining that though the concepts of victim impact and victim vulnerability may well be relevant in every case evidence of victim vulnerability and victim impact in a particular case is inherently individualized holding eighth amendment does not barper se prosecutorial comments on victim impact holding that use of a victim impact statement during sentencing violated the eighth amendment holding that the eighth amendment does not require comparative proportionality review by an appellate court