Thomas v. State

GREENE, Judge.

In 1978, Danny Glenn Thomas was jury-convicted of the crime of capital murder, during the commission of which the victim was shot with a shotgun and two pistols, soaked with gasoline, and set on fire. Thomas received a sentence of life imprisonment with no possibility of parole for 50 years as punishment for the crime. The conviction was affirmed on direct appeal. State v. Thomas, 595 S.W.2d 325 (Mo.App.1980).

Following incarceration, Thomas filed a motion to vacate his conviction and sentence, pursuant to Rule 27.26,1 now repealed. In the motion he alleged, among other things,…