Mr. Green was convicted of the April 1989 murder of Chip Flynn, who was fatally shot during a robbery. The jury voted 8-4 to recommend a death sentence and he was condemned. This Court upheld both the conviction and sentence on direct appeal and Mr. Flynn filed a post-conviction claim in trial court. There his conviction was upheld but his sentence was overturned. In the appeal to this Court, the state has appealed the overturning of the sentence and Mr. Green has appealed the upholding of his conviction.