State v. Burns

OPINION

ANDERSON, Chief Justice.

The defendant, Kevin Burns, was convicted of two counts of felony murder and two counts of attempted felony murder. The jury imposed the death penalty for one of the felony murder convictions after finding that evidence of an aggravating factor — that the defendant knowingly created a great risk of death to two or more persons other than the victim murdered — outweighed the evidence of mitigating factors beyond a reasonable doubt. The jury imposed a life sentence for the other felony murder conviction.

On direct appeal, the Court of Criminal Appeals affirmed the…