Ex Parte Byrom

On August 27, 1986, the appellant, James Edmond McWillliams, was convicted of two counts of capital murder because he committed the murder during the course of a robbery, see §13A-5-40(a)(2), Ala. Code 1975, and one count of capital murder because he committed the murder during the course of a rape, see §13A-5-40(a)(3), Ala. Code 1975. On August 28, 1986, by a vote of 10-2, the jury recommended that he be sentenced to death. On October 9, 1986, the trial court accepted the jurys recommendation and sentenced him to death. We affirmed his convictions on direct appeal, see McWilliams v. State, 640 So. 2d 982 (Ala. Crim. App. 1991); the Alabama Supreme Court affirmed his convictions, see Ex parte McWilliams, 640 So. 2d 1015 (Ala. 1993), and his sentence, see Ex parte McWilliams, 666 So. 2d 90 (Ala. 1995); and the United States Supreme Court denied his petition for certiorari review, see McWilliams v. Alabama, 516 U.S. 1053, 116 S. Ct. 723, 133 L. Ed. 2d 675 (1996). The relevant facts of the case are set forth in this courts opinion on direct appeal. This court issued a certificate of judgment on August 8, 1995.