Mr. Smithers was convicted of the first-degree murders of Cristy Cowan and Denise Roach, who were strangled, stabbed and beaten in 1996. The jury voted unanimously to recommend death sentences for each murder and he was condemned. This Court upheld the death sentences on direct appeal and Mr. Smithers filed a post-conviction challenge in trial court. It was denied and this appeal followed. Mr. Smithers also has filed a petition for a writ of habeas corpus.