Andrew Thomas v. State of Tennessee

Petitioner Andrew Thomas appeals as of right the judgment of the Shelby County Criminal Court denying his petition for post-conviction relief. A Shelby County jury found Petitioner guilty of felony murder based on the killing of James Day during an attempt to perpetrate a robbery. The jury found that Petitioner had previously been convicted of one or more felonies for which the statutory elements involved the use of violence to the person. See T.C.A. § 39-13-204(i)(2). The jury further found that this aggravating circumstance outweighed mitigating circumstances beyond a reasonable doubt. The jury then sentenced Petitioner to death. Petitioner’s conviction and sentence were affirmed on direct appeal by the Tennessee Supreme Court. See State v. Thomas, 158 S.W.3d 361 (Tenn. 2005). On January 3, 2006, Petitioner filed a pro se petition for post-conviction relief. On November 13, 2006, Petitioner filed a petition for writ of error coram nobis and an amended petition for post-conviction relief. The post-conviction court held an evidentiary hearing in October 2007. On August 4, 2008, the post-conviction court entered an order denying Petitioner postconviction relief. On appeal to this Court, Petitioner presents a number of claims that can be characterized in the following categories: (1) Petitioner’s trial counsel were ineffective; (2) Petitioner’s appellate counsel were ineffective; (3) Petitioner is entitled to a new trial based upon newly discovered evidence; and (4) Tennessee’s death penalty statutory scheme is unconstitutional. Following a thorough and exhaustive review of the record and the applicable law, we affirm the judgment of the post-conviction court.