Thompson v. State

134 S.W.3d 168, 2004 Tenn. LEXIS 370
CourtTennessee Supreme Court
DecidedMay 12, 2004
StatusPublished
Cited by10 cases

This text of 134 S.W.3d 168 (Thompson v. State) is published on Counsel Stack Legal Research, covering Tennessee Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Thompson v. State, 134 S.W.3d 168, 2004 Tenn. LEXIS 370 (Tenn. 2004).

Opinions

OPINION

FRANK F. DROWOTA, III, C.J.,

delivered the opinion of the court,

in which E. RILEY ANDERSON, JANICE M. HOLDER, and WILLIAM M. BARKER, JJ., joined.

The appellant, death-row inmate Gregory Thompson, challenges the trial court’s order denying a hearing on the issue of his competency to be executed. The trial court concluded that Thompson had failed to make a sufficient threshold showing. After carefully considering de novo the petition, the trial court’s order, and the entire record in this cause, we conclude that the trial court correctly held that Thompson failed to make a threshold showing sufficient to warrant a hearing on his competence for execution. Accordingly, the judgment of the trial court is affirmed.

I. Procedural Background

In 1985, a Coffee County jury convicted the appellant, Gregory Thompson, of the first degree murder of Brenda Lane and imposed a sentence of death for this conviction. On direct appeal, this Court affirmed Thompson’s conviction and sentence. See State v. Thompson, 768 S.W.2d 239 (Tenn.1989). The United States Supreme Court denied Thompson’s petition for a writ of certiorari. See Thompson v. Tennessee, 497 U.S. 1031, 110 S.Ct. 3288, 111 L.Ed.2d 796 (1990).

Thereafter, Thompson sought post-conviction relief in the state courts, but after a hearing, the trial court denied relief. The Court of Criminal Appeals affirmed the trial court’s judgment, and this Court denied Thompson’s application for permission to appeal. See Thompson v. State, 958 S.W.2d 156 (Tenn.Crim.App.) perm. app. denied (Tenn.1997).

In 1998, Thompson filed a petition for writ of habeas corpus in the United States District Court for the Eastern District of Tennessee. The district court granted summary judgment to the State and dismissed the petition. The United States Court of Appeals for the Sixth Circuit affirmed the district court’s judgment. See Thompson v. Bell, 315 F.3d 566 (6th Cir.2003). On December 1, 2003, the United States Supreme Court again denied Thompson’s petition for writ of certiorari and thereafter denied Thompson’s petition for rehearing. See Thompson v. Bell, - [171]*171U.S. -, 124 S.Ct. 804, 157 L.Ed.2d 701 (2003), reh’g denied - U.S. -, 124 S.Ct. 1162, 157 L.Ed.2d 1058 (2004).

On January 21, 2004, one day after the United States Supreme Court denied rehearing, the State filed a motion requesting that this Court schedule Thompson’s execution. In response to the motion, Thompson raised the issue of his present competency to be executed and requested a hearing pursuant to Van Tran v. State, 6 S.W.3d 257 (Tenn.1999).1

On February 25, 2004, this Court set Thompson’s execution for August 19, 2004, but also remanded the case to the Coffee County Circuit Court2 for proceedings in accordance with Van Tran, including an initial determination of whether Thompson had made a threshold showing sufficient to warrant an evidentiary hearing on the issue of his present competency to be executed.

On March 1, 2004, Thompson filed a petition in the Circuit Court for Coffee County requesting a competency hearing. Attached to the petition were copies of records showing that, for almost twenty years, Thompson has been treated for mental illnesses. The attached records included reports of mental health professionals opining that Thompson is not presently competent to be executed and affidavits from both Thompson’s attorney and investigator in the federal court proceedings. These affidavits describe Thompson’s delusional beliefs about his upcoming execution.

The State filed a response to the petition, asserting that Thompson’s submissions, even if true, did not create a genuine issue of disputed fact about Thompson’s present incompetence for execution and thus did not meet the threshold requirements under Van Tran for an evidentiary hearing. On March 8, 2004, the trial court entered an order denying a hearing on the issue and concluding that the expert reports submitted by Thompson demonstrate that he presently is aware both of the fact that he has been sentenced to death for the murder of Brenda Lane and of the fact of his impending execution. Thompson filed an expedited appeal as required by Van Tran, 6 S.W.3d at 271-72. After carefully considering the record, we affirm the trial court’s judgment dismissing the petition.

II. Threshold Issues

A. Public Defender’s Motions to Withdraw

In the order of February 25, 2004, setting Thompson’s execution date and remanding the case to the Coffee County Circuit Court, this Court appointed Michael J. Passino as lead counsel and the Office of the Public Defender for the Fourteenth Judicial District as co-counsel for Thompson. On March 1, 2004, B. Campbell Smoot, the District Public Defender for the Fourteenth Judicial District, filed both in this Court and in the trial court a “Motion to Withdraw as Counsel.” As grounds for withdrawal, the motion alleged that the Office’s sole investigator, Jimmy Dale Conn, served as a lead investigator with the Coffee County Sheriff’s Department during the investigation of Brenda Lane’s murder and testified for the prosecution at Thompson’s 1985 trial.

[172]*172On March 8, 2004, the trial court denied Thompson’s petition for failure to satisfy the threshold showing, but the trial court did not rule on the Public Defender’s motion to withdraw. On March 9, 2004, this Court denied the Public Defender’s motion to withdraw, stating:

In our view, the motion is not well-taken. Mr. Conn’s past involvement in Thompson’s prosecution and trial does not disqualify the entire Office of the Public Defender for the Fourteenth Judicial District from proceedings to determine Thompson’s discrete claim that he currently is not competent to be executed.

In this appeal Thompson argues that the trial court abused its discretion by failing to decide the motion to withdraw before ruling on Thompson’s petition. In addition, Thompson asserts that the Public Defender should have been allowed to withdraw because an appearance of impropriety exists based upon the investigator’s past employment with the prosecution during Thompson’s original murder trial.

The State does not respond to the merits of Thompson’s argument that withdrawal is appropriate. However, the State points out that this issue has been resolved by this Court, “notes with some concern” that the Office of the Attorney General has never been served with a copy of the motion, despite being listed on the certificate of service for the motion filed in the trial court, and states that the Attorney General’s Office was unaware of the basis of the motion until entry of this Court’s order of March 9, 2004.

In our view, the trial court did not err in ruling upon the petition before deciding the motion to withdraw. Thompson provides no legal authority supporting his assertion that the trial court’s decision constituted an abuse of discretion. Given that this Court appointed the Public Defender’s Office, the trial court reasonably may have concluded that this Court should consider and dispose of the motion to withdraw.

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Related

State of Tennessee v. Josue Segura
Court of Criminal Appeals of Tennessee, 2012
State v. Irick
320 S.W.3d 284 (Tennessee Supreme Court, 2010)
Thompson v. Bell
580 F.3d 423 (Sixth Circuit, 2009)
Holton v. State
201 S.W.3d 626 (Tennessee Supreme Court, 2006)
Bell v. Thompson
545 U.S. 794 (Supreme Court, 2005)
Thompson v. State
134 S.W.3d 168 (Tennessee Supreme Court, 2004)

Cite This Page — Counsel Stack

Bluebook (online)
134 S.W.3d 168, 2004 Tenn. LEXIS 370, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thompson-v-state-tenn-2004.