Mr. Ferrell was convicted of the first-degree murder of Gino Mayhew, who was fatally shot in 1991. The jury voted 7-5 to recommend a death sentence and Mr. Ferrell was condemned. This Court upheld the death sentence on direct appeal and Mr. Ferrell filed a postconviction challenge in trial court. The trial court vacated his death sentence but upheld his murder conviction. Both Mr. Ferrell and the state have appealed that decision.