Dayton Scott Lister v. David Ballard, Warden

Chief Justice KETCHUM:

Petitioner Dayton Scott Lister (“Mr. Lister”) appeals from the December 23, 2014, order of the Circuit Court of Marion County denying his petition for a writ of habeas corpus. Mr. Lister, who was convicted of first-degree murder, asserts that he is entitled to a writ of habeas corpus due to three errors committed by the trial court. He argues that the trial court erred by (1) refusing to dismiss a juror who' overheard a threatening remark related to her role as a juror during the trial, (2) allowing the State to present “sympathy witnesses” during the mercy phase of the…