This section contains the nature of the case and procedural background.

The victim disappeared in March 1993. In May 1993, her body was discovered in a dumpster. While D was in jail, another inmate introduced D to Thompson. Thompson spoke with D several times over a three- or four-day period. D discussed the facts of this case. D contacted the police and disclosed incriminating statements that d had made to him about the victim's death. D objected to Thompson's testimony. in part because Thompson was unable to identify D at trial as the man with whom he had spoken in jail. The court allowed Thompson to testify. D argued in part that the testimony was irrelevant and P argued that the testimony was conditionally relevant. The evidence during argument showed that D had met Thompson in jail several years ago and that D had changed his appearance by shaving off his mustache and gaining 25 pounds. The trial court allowed the evidence because it was a matter for the jury to determine the credibility of the evidence and a reasonable jury could so find that Thompson was telling the truth. D was convicted and sentenced to death. D appealed seeking reversal of his conviction or in the alternative that the court vacates his death sentence.

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