PRATHER, JUSTICE, FOR THE COURT:
ON APPLICATION FOR LEAVE TO FILE AMENDED MOTION TO VACATE, OR SET ASIDE, JUDGMENT, CONVICTION AND SENTENCE OF DEATH
William L. Wiley, the petitioner, has filed an application for leave to file an amended motion to vacate or set aside judgment, conviction and sentence of death under the Mississippi Uniform Post-conviction Collateral Relief Act. Miss. Code Ann. 99-39-1 et seq. (Supp. 1987). After Wiley's first capital murder trial, this Court affirmed the conviction, but reversed the sentence due to the prosecutor's comment, during closing argument to the jury, on reviewability of the death sentence. Wiley v. State, 449 So.2d 756 (Miss. 1984) (hereinafter Wiley I). Wiley was given another sentencing and again received the death sentence. On direct
appeal, this Court affirmed the second sentence. Wiley v. State, 484 So.2d 339 (Miss. 1986), (Wiley II) cert. denied, 107 S. Ct. 304, 93 L.Ed.2d 278 (1986), reh. denied, 107 S. Ct. 604, 93 L.Ed.2d 604 (1987).
The facts reveal the murder of J.B. Turner in DeSoto County in the early morning hours of August 22, 1981, as he and his daughter were closing the small convenience store which he operated. The assailant fired three times with a shotgun, killing Turner and seriously injuring his daughter. Several weeks later Wiley was arrested. He confessed to the robbery and the murder, and he led law enforcement officers to the place where he threw away a money sack.
The petitioner assigns the following as grounds for his application for post-conviction relief:
A. Petitioner was deprived of his right to effective assistance of counsel at his 1984 sentencing trial (Wiley II).
B. Petitioner was deprived of his right to effective assistance of counsel at his 1982 guilt phase trial (Wiley I).
C. The prosecutor's exclusion of all potential black jurors from petitioner's guilt trial (Wiley I) and the exclusion of all but one potential black juror from petitioner's sentencing hearing creates a prima facie violation of Batson v. Kentucky and Griffith v. Kentucky
D. The prosecutor's exclusion of all potential black jurors from petitioner's guilt trial (Wiley I) and the exclusion of all but one potential black juror from petitioner's sentencing hearing (Wiley II) violated the Equal Protection Clause of the Fourteenth Amendment.
E. Petitioner's sentence of death is tainted by racial bias and discrimination in violation of the Eighth and Fourteenth Amendments to the United States Constitution.
F. The trial court erred by admitting incompetent, prejudicial, cumulative, and irrelevant evidence.
G. Prosecutorial misconduct deprived petitioner of a fundamentally fair trial at the sentencing stage and resulted in a sentence of death that was imposed under the influence of passion, prejudice and other arbitrary factors.
H. The Mississippi Supreme Court's appellate and proportionality review of the sentence of this case violated petitioner's rights.
I. Petitioner's constitutional rights were violated by the exclusion from the jury of persons opposed to the death penalty.
J. An invalid duplication of aggravating circumstances, when statutory mitigating circumstances are not present, involves an important question left open by Barclay v. Florida affecting all states with death penalty" balancing statutes ".
K. The finding by the jury of the" especially heinous, atrocious and cruel "aggravating circumstance violated petitioner's constitutional rights.
L. The trial court's failure to grant petitioner's requested" mercy "instruction violated petitioner's constitutional rights.
M. The trial court erred in failing to instruct the jury regarding the burden of proof when weighing aggravating and mitigating circumstances.
N. The trial court erred in instructing the jury on the" capital offense committed during the commission of robbery "aggravating circumstance.
O. The trial court's instruction C-3 was unconstitutional and tantamount to a mandatory death sentence.
P. The trial court's instruction C-3 failed to give proper weight to general mitigating evidence.
Q. Mississippi's $1,000 limit on trial counsel reimbursement denies petitioner equal protection.
R. Mississippi's capital sentencing scheme is unconstitutional when ...