Mr. Booker was convicted of the November 1977 murder of 94-year-old Lorine Demoss Harmon, who was raped and fatally stabbed. He was condemned but a federal court vacated his death sentence and he had a second re-sentencing hearing. The jury voted 8-4 to recommend a death sentence and he was condemned a second time. The second death sentence was upheld by this Court on direct appeal and Mr. Booker filed a challenge in circuit court. That post-conviction motion was denied and this appeal followed.