Mr. Lowe was convicted of the first-degree murder of Donna Burnell, a convenience store clerk who was fatally shot in July 1990. The jury voted 9-3 to recommend a death sentence and he was condemned. This Court upheld his conviction and sentence and Mr. Lowe filed post-conviction claims in the trial court. The trial court denied Mr. Lowe's request for a new trial but granted his request for a new penalty phase. Both Mr. Lowe and the state appealed to this Court.