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He was convicted and sentenced in 1979
and has been appealing the conviction since then
but his options have run out.
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http://caselaw.findlaw.com/ga-supreme-court/1084910.html
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The victim, Roger Tackett, was the manager of a Tenneco convenience store.
On June 16, 1979, he arrived at the store at 11:20 p.m. to close it for the night.
After the other employees left, Tackett remained at the store to complete some paperwork.
At approximately 1:45 a.m., Officer Kendall of the Cobb County police department
drove a stranded motorist to the Tenneco parking lot so she could use a pay phone.
Officer Kendall observed a car (Tackett’s) parked in front of the store
with the driver’s-side door open;
the lights were also still on inside the store.
Since the Tenneco store was in his regular patrol area,
Brandon Jones stick his head out of the storeroom door at the back of the store,
look around (apparently without seeing the officer),
and then close the storeroom door.
Officer Kendall entered through the unlocked front door
and heard three shots, a pause, and then a fourth shot.
He drew his weapon and after shouting ‘police, come on out’
without a response, approached the storeroom door and opened it.
Jones and his co-defendant, Van Roosevelt Solomon, were standing just inside the door.
Officer Kendall ordered them into the main store area,
where he searched them and handcuffed Jones.
He placed Solomon in his patrol car since he only had one set of handcuffs,
and called for assistance on the radio.
He also informed both defendants of their rights under Miranda v. Arizona.
A private security officer, Alex Woolyard, heard Officer Kendall’s request for assistance
on a police scanner and arrived first.
He loaned Officer Kendall a set of handcuffs to restrain Solomon
and watched the defendants while Officer Kendall investigated a van parked nearby.
During this time, Woolyard spoke with Jones and determined that
the car parked in front of the store did not belong to them;
they had arrived in the van. Upon continued questioning by Woolyard,
Jones stated that they had come to burglarize the store
and found a man who was ‘bad hurt’ in the back of the store.
After handcuffing Jones to a metal pole, Woolyard and Officer Kendall
entered the store and discovered that the storeroom door
had locked when it shut as the defendants exited.
They used a crowbar to break open the door and they found Tackett’s body
lying face-down at one end of the narrow storeroom
(Officer Kendall had not seen the victim when he first encountered the defendants
in the storeroom since he did not enter the storeroom at that time).
Tackett had been shot five times from behind, once in the jaw,
once behind the left ear, once in the thumb, and twice in the right hip.
The medical examiner determined that the fatal shot was the ‘loose contact’ shot
behind the left ear since that bullet penetrated the brain;
this shot was probably the final shot and was fired while the victim was lying on the ground.
Two .38 caliber revolvers were found in an open box
next to where Officer Kendall had first encountered the defendants.
A large Smith and Wesson contained two spent shells;
a smaller Colt contained four spent shells.
Four .38 caliber bullets were recovered at the scene or in the victim’s body;
the ballistics expert determined that all were probably fired by the Colt.