Louisiana v. Thomas
Annotate this CaseDefendant Darrell Thomas was unequivocally identified by both Traavis and Stephan Harris as the person who exited a black SUV and started firing at them. The shooting took place near the Take-a-Bag store on Milam Street in Shreveport, Louisiana in 2010. Traavis’s right leg was amputated because of the shooting. Defendant was ultimately convicted by jury of attempted first degree murder, and the district court sentenced him as a second-felony offender to serve 55 years imprisonment at hard labor without parole eligibility. Just over one month after trial, defendant through new counsel filed a motion for new trial claiming that Cordarly Chapple arrived with defendant and the Taylors in the SUV, and that Chapple was the real shooter. According to defendant, Rhonisha and Rhonda would have identified Chapple if trial counsel had asked them. Defendant also provided the district court with an affidavit by Chapple in which he claimed he was the shooter and that defendant was innocent. After the district court denied the motion for new trial, the court of appeal affirmed the conviction and sentence. An application for post-conviction relief (PCR) was successful, however, with the PCR court determining defendant was entitled to a new trial on grounds of ineffective assistance of counsel. The Louisiana Supreme Court determined the PCR court erred in failing to correctly apply a deferential "Strickland" standard. Defendant's new trial order was vacated, and his conviction and sentence reinstated.
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