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Thread: Andrew Lee Thomas, Jr. - Tennessee

  1. #1
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    Andrew Lee Thomas, Jr. - Tennessee




    Facts of the Crime:

    Andrew Thomas was convicted for the April 21, 1997 robbery and shooting of an armored truck guard, James Day, while Day was leaving a Memphis Walgreens with a money deposit bag.

    Thomas was sentenced to death on December 14, 2001.

  2. #2
    Administrator Heidi's Avatar
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    In today's United States Supreme Court orders, Thomas' petition for a writ of certiorari and motion for leave to proceed in forma pauperis was DENIED.

  3. #3
    Administrator Moh's Avatar
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    On April 27, 2012, Thomas filed a habeas petition in Federal District Court.

    http://dockets.justia.com/docket/ten...cv02333/61731/

  4. #4
    Administrator Heidi's Avatar
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    Murder conviction upheld in 1997 robbery, shooting in Memphis

    A state appeals court has rejected a bid for a new trial by a Memphis man serving life in prison for his role in a 1997 shooting in which the victim died more than two years later.

    Anthony Bond argued that he was denied a fair trial because his attorney did not call an expert to challenge a doctor's testimony that the shooting was the cause of the victim's death some 29 months later.

    "We conclude that (Bond's) trial counsel was not deficient," the three-judge panel of the Tennessee Court of Criminal Appeals ruled. "Counsel consulted medical experts who were unable to unequivocally refute the testimony of the state's expert as to the victim's cause of death."

    Bond, 34, was convicted twice of felony murder as the getaway driver in the robbery and shooting of James Day Jr., a courier for Loomis Fargo & Co. His first conviction was thrown out because of improper jury instructions.

    Andrew Thomas, 39, was convicted as the triggerman in state and federal court and is on death row. Bond testified against him in federal court.

    Day was shot in the back of the head on April 27, 1997, as he was making a pickup of money and checks at Walgreens at 4522 Summer.

    The shooting was caught on surveillance video that shows bystanders comforting and praying with Day until paramedics arrived.

    He testified against Thomas in a 1998 federal court trial where the video was shown.

    "That's me going out," Day said in a transcript read to the Bond jury, which also saw the video. "That's me going down. I just knew I was shot."

    Day was paralyzed from the chest down and died on Oct. 2, 1999. Then-medical examiner Dr. O.C. Smith said death was caused by a ruptured bladder, infections and other complications from the shooting.

    Bond had five prior robbery convictions and Thomas had nine.

    http://www.commercialappeal.com/news...97-robbery-in/
    An uninformed opponent is a dangerous opponent.

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  5. #5
    Senior Member Member Diggler's Avatar
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    As a common law jurisdiction I would have thought you would have followed the year and a day rule for liability.

    Two years later to accuse someone of murder is a long time. I am surprised at this. Can anyone explain?

  6. #6
    bem17356
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    As a rule The States do follow "The year and a day rule", unless superseded by an Act of The General Assembly or a decision of The Courts. It is also well to keep in mind. That a wide latitude is tolerated from County to County within a State not just State to State. We are very democratic and power is very diffuse. Which most often means there is little to no deference on the part of the locals.

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    Administrator Moh's Avatar
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    On April 22, 2015, Thomas filed an appeal before the US Court of Appeals for the Sixth Circuit over the presumable denial of his habeas petition in Federal District Court.

    http://dockets.justia.com/docket/cir...ts/ca6/15-5399

  8. #8
    Administrator Moh's Avatar
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    On November 2, 2016, oral argument will be held in Thomas' appeal before the Sixth Circuit. The panel will be made up of Judges Merritt (Carter), Siler (G.H.W. Bush) and Donald (Obama).

    http://www.ca6.uscourts.gov/sites/ca...022016_arg.pdf

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    Administrator Heidi's Avatar
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    Andrew Thomas v. Bruce Westbrooks

    Andrew Thomas v. United States

    Retrial ordered for death penalty case involving alleged hidden payment by DA Amy Weirich

    The 6th Circuit Court of Appeals reversed the conviction in a Memphis death penalty case that Amy Weirich got, because the prosecution failed to disclose the monetary payment to the key prosecution witness.

    Three judges of the U.S. Court of Appeals for the Sixth Circuit recently heard arguments in the death penalty case of Andrew Thomas in the 1997 killing of armored truck guard, James Day.

    The Court's ruling on Friday means Thomas will get a retrial.

    Thomas has been on death row since his conviction.
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

  10. #10
    Administrator Moh's Avatar
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    Quote Originally Posted by Heidi View Post
    The Court's ruling on Friday means Thomas will get a retrial.
    Not necessarily, the State of Tennessee can still appeal for en banc rehearing before the full Sixth Circuit, which has ten Republican appointees but only five Democratic ones. The three-judge panel decision was a two-to-one split, so it's not outside the realm of possibility that the full court will agree to hear the case.

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