Thomas Lewis v. State

PATTERSON, JUDGE Appellant, Thomas Lewis, was first convicted on November 19, 1977, of the capital offense of robbery during the course of
which the victim is intentionally killed, in violation of § 13-11-2(a)(2), Code of Alabama 1975, 1 and sentenced
to death. On appeal to this court, we held that the death penalty was not sustained by the evidence presented at the hearing
on aggravating and mitigating circumstances. Lewis v. State, 380 So.2d 970 (Ala.Cr.App. 1979). We affirmed the conviction,
but remanded the case for entry of a sentence of life imprisonment without the possibility of parole. Id. at 978. In response
to our remand, the trial court held another sentencing hearing and sentenced appellant to life imprisonment without parole.
On return to remand, we affirmed the conviction and sentence. Id. at 978-80. Subsequently, appellant filed a petition for
writ of habeas corpus in the United States District Court for the Middle District of Alabama, claiming, inter alia, that his
due process rights were violated because the preclusion clause contained in § 13-11-2, Code of Alabama 1975, prevented
consideration of lesser included offenses, relying on Beck v. Alabama, 447 U.S. 625 (1980). On April 16, 1986, the United
States District Court for the Middle District of Alabama, in accordance with Beck v. Alabama, granted appellant's petition
for writ of habeas corpus and ordered that appellant be granted a new trial within sixty days or released from custody. Lewis
v. Johnson, No. 85-V-0431-S Civ. (M.D.Ala., April 16, 1986).