Mr. Waterhouse was convicted of the first-degree murder of Deborah Kammerer, who was beaten, raped and drowned in 1980. He was sentenced to death but this Court later vacated his sentence and ordered a new sentencing proceeding. Mr. Waterhouse again was sentenced to death. This Court upheld that death sentence on direct appeal and Mr. Waterhouse lost subsequent postconviction challenges. His execution has been scheduled for Feb. 15. Mr. Waterhouse filed a successive motion for postconviction relief in trial court. It was denied and this appeal followed.

Justice Quince is recused.