LaMarca was convicted of the December 1995 murder of Kevin Flynn, his son-in-law. After the sentencing hearing, in which LaMarca acted as his own attorney and refused to present mitigating evidence, the jury voted 11-to-1 to recommend a death sentence and he was condemned. The Supreme Court upheld his conviction and sentence and LaMarca filed an appeal in circuit court. It was denied and the appeal is now before the Supreme Court.