Thompson v. Fhuere

Summary

The court affirmed the post-conviction judgment after concluding that the Governor’s commutation replaced petitioner’s death sentence with life without parole as though that sentence had originally been imposed. Because petitioner was no longer serving a death sentence, he could not obtain resentencing based solely on the invalidity of that sentence, and the legislature’s later sentencing changes did not independently create a resentencing entitlement. The court also declined to reach challenges to two penalty-phase questions because petitioner failed to preserve his arguments that the claims were not procedurally barred.