Mr. Merck was convicted of the first-degree murder of James Newton, who was fatally stabbed in 1991. Mr. Merck was sentenced to death twice but both sentences were overturned on appeal. In his third sentencing proceeding, the jury voted 9-3 to recommend a death sentence. The trial court condemned him to death a third time and this Court upheld the sentence on direct appeal. Mr. Merck filed a postconviction challenge in the trial court. His motion was denied and this appeal followed.