Council v. State

Justice BEATTY:

In this death penalty post-conviction relief (PCR) case, the Court granted the State’s petition for a writ of certiorari to review the PCR judge’s decision to: vacate Donney S. Council’s (Respondent’s) sentence of death; grant a new hearing for the penalty phase of his capital murder trial; and continue indefinitely one of his PCR grounds until Respondent regained competence. After we issued our original opinion affirming in part, reversing in part, and remanding for a new sentencing hearing, the State petitioned for rehearing. We deny the petition for rehearing, withdraw our…