Mr. Smith was convicted of the first-degree murder of an 11-year-old child who was kidnapped in 2004 as she walked home from a friend's house, sexually battered and strangled. The jury voted 10-2 to recommend a death sentence and the trial court condemned him. This Court upheld the death sentence on direct appeal and Mr. Smith filed a postconviction challenge in trial court. It was denied and this appeal followed.