John Michael Bane v. State of Tennessee

In 1990 a Shelby County jury convicted, the Petitioner, John Michael Bane, of felony murder and imposed a sentence of death. On appeal, the Tennessee Supreme Court affirmed the conviction but remanded the case for resentencing. State v. Bane, 853 S.W.2d 483 (Tenn. 1993). After a new sentencing hearing, the jury again imposed a sentence of death, and the Tennessee Supreme Court affirmed the jury’s imposition of this sentence. State v. Bane, 57 S.W.3d 411 (Tenn. 2001). The Petitioner filed a petition for post-conviction relief, which the post-conviction court denied after a hearing. The Petitioner now appeals, contending that: (1) he received ineffective assistance of counsel at his original trial and at his resentencing hearing; (2) the trial court erred when it instructed the jury; and (3) the death penalty is unconstitutional. After a thorough review of the record and applicable authorities, we affirm the post-conviction court’s judgment.