MADSEN, J.
¶ 1 Petitioner Clark Elmore pleaded guilty to aggravated first-degree murder with special circumstances. The State proved the absence of sufficient mitigating circumstances justifying leniency to the satisfaction of the jury, and Judge David Nichols sentenced Elmore to death May 3, 1996. This court affirmed Elmore's conviction and sentence in State v. Elmore,
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