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

Woodall filed a false affidavit in a civil trial. Galvin filed an affidavit exposing Woodall's perjury. Woodall and D agreed that D would go to Galvin's home and beat Galvin in an effort to dissuade him from becoming a witness. D was to get $900 and a motorcycle. D drove to Galvin's home accompanied with Baugh. D confronted Galvin in the doorway of the house, saying: 'Do you know Howard Woodall? Well, he sent us.' D then proceeded to beat Galvin. A few days later D and Woodall were arrested by federal authorities on federal charges of witness tampering. Woodall posted bail and was released within a day. Woodall provided D with bail money. The federal charges were dismissed. In 1978, Woodall became willing to testify against D, after having secured his own immunity from prosecution. The trial witnesses were, Baugh, Galvin's son, Galvin's wife, Woodall's wife, and John Harvey Adamson. D presented no evidence. D appealed his convictions.

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