Thomas v. United States

KING, Senior Judge:

Originally charged in a nine-count indictment. 1 Roy Thomas was convicted of first degree murder while armed at a second trial. 2 In his appeal from that conviction he argues that the trial court committed error in several respects by instructing the jury on conspiracy liability where there was no formal charge of conspiracy.

After Thomas was sentenced at the second trial, he noted a timely appeal to this court and collaterally attacked his conviction in the Superior Court pursuant to D.C.Code § 28-110, alleging ineffective assistance of counsel. The direct appeal was held…