Browning v. State

OPINION

In 1985, appellant Paul Lewis Browning robbed and stabbed to death Hugo Elsen. A jury convicted Browning of first-degree murder and various other offenses and sentenced him to death. We affirmed Browning’s convictions and death sentence on direct appeal. 2 Browning unsuccessfully sought post-conviction relief in the district court. On appeal, this court concluded that the district court erred by denying Browning’s claim that counsel was ineffective for not challenging a jury instruction defining the aggravating circumstance of depravity of mind and remanded for a new penalty hearing. 3…