¶1dissenting.
¶2Lambert seeks to challenge his sentence of death by requesting permission from this Court to file a second successive petition for post-conviction relief. I would have granted his request to file the first successive petition. See Lambert v. State, 825 N.E.2d 1261, 1265 (Ind.2005) (Rucker, J., dissenting). Because I continue to believe that Lambert’s sentence of death is constitutionally infirm under both State and Federal constitutions, I would grant the request in this case. Therefore I respectfully dissent.