Mr. Preston was convicted of the January 1978 murder of Earline Walker, who was beaten and fatally stabbed. A jury voted 7-to-5 to recommend a death sentence and he was condemned. That sentence was later overturned and Mr. Preston had a new penalty hearing before a second jury, which voted 9-3 to recommend a death sentence. However, the trial judge then granted a third sentencing hearing because of a problem in the second one. After the third penalty hearing, a jury voted unanimously to recommend a death sentence for Mr. Preston. He was condemned and this Court upheld that sentence on direct appeal. Mr. Preston filed a post-conviction appeal in circuit court. It was denied and this appeal followed.