Thomas v. State

OPINION

In April 1996, appellant Mario Thomas robbed a manager and killed two employees at a restaurant where he formerly worked. He was convicted of two counts of first-degree murder and four other felonies and received two sentences of death. Thomas appealed, and this court affirmed his conviction and sentence. 1 He filed a post-conviction petition for a writ of habeas corpus, and the district court denied the petition. He appeals. We conclude that Thomas’s counsel were ineffective in failing to object to an incorrect instruction on sentence commutation at the penalty phase of his trial and…