Mr. Phillips was convicted of the first-degree murder of parole supervisor Bjorn Thomas Svenson, who was fatally shot in August 1982. Mr. Phillips was sentenced to death but this Court later vacated his death sentence and ordered a new sentencing proceeding. The new jury voted 7-5 to recommend a death sentence and Mr. Phillips was condemned a second time. This Court upheld that sentence on direct appeal and Mr. Phillips filed a post-conviction challenge in circuit court. It was denied and this Court upheld that ruling. In the current appeal, Mr. Phillips argues he is mentally retarded and thus shielded from execution. The circuit court found that he was not mentally retarded and Mr. Phillips appealed to this Court.