Mr. Hernandez was convicted of the first-degree murder of Ruth Everett, who died from
a broken neck, a cut throat or both in 2004. The jury voted 11-1 to recommend the
death penalty and the trial court condemned Mr. Hernandez to death. This Court upheld
his sentence on direct appeal and Mr. Hernandez filed a postconviction challenge in trial
court. It was denied and this appeal followed.