CARLSON, Presiding Justice, for the Court:
¶ 1. Jeffrey Keith Havard (Havard) was found guilty of capital murder (murder during the commission of sexual battery) of six-month-old Chloe Britt. The jury also found that Havard's sentence should be death, and the Adams County Circuit Court imposed the death sentence upon Havard. This Court affirmed Havard's conviction and sentence on direct appeal. Havard v. State,
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