Gregory L. Mathis v. State of Tennessee, M2016-02516-CCA-R3-PC

Background

In Feb. 2009 Gregory L. Mathis and codefendants entered Terry Becker’s home; victims Becker and Lisa Lewis were bound with duct tape, threatened with guns, and forced to provide checks and bank access. Mathis was caught fleeing; physical evidence linked him to the scene.
Mathis was convicted in 2010 of aggravated robbery, aggravated burglary, and two counts of especially aggravated kidnapping; effective 126-year sentence. Appeals affirmed.
Mathis filed a post-conviction petition alleging ineffective assistance of trial counsel (failure to investigate Lisa Lewis as a co-conspirator; improperly advising him not to testify; failing to request/argue a jury instruction under State v. White), and sought relief based on newly discovered evidence (Turner’s post-conviction testimony that Lewis was complicit).
At the post-conviction hearing Mathis claimed he told counsel nothing about Lewis’s role; Turner and other trial witnesses testified Lewis participated; trial counsel testified he met multiple times with Mathis, reviewed discovery, moved for acquittal on kidnapping-as-incidental grounds, advised against Mathis testifying because of impeachment risk, and litigated the White issue on appeal.
The post-conviction court credited counsel, found no deficient performance or prejudice, and concluded White-related error (instruction omission) was harmless because the confinement exceeded what was incidental to the robbery. This court affirmed.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Ineffective assistance — failure to investigate Lewis as co-conspirator	Mathis: counsel failed to investigate/present that Lewis was complicit, which would undercut kidnapping charge against Lewis and impeach her credibility	State: counsel reviewed discovery, had no notice from Mathis that Lewis was complicit; evidence (Lewis’s 911/bank conduct) supported victim status; any showing Lewis was complicit wouldn’t exonerate Mathis on robbery/kidnapping	Held: No deficient performance or prejudice; petitioner failed to prove counsel was uninformed or that outcomes would differ
Ineffective assistance — advising/not testifying	Mathis: counsel “talked him out of” testifying; his testimony would have explained Lewis’s role and that kidnappings were incidental	State: counsel properly advised about impeachment from prior convictions; decision not to testify was petitioner’s; testimony would have admitted robbery and risked further exposure	Held: No ineffective assistance; petitioner made last-minute decision and was aware of impeachment risk
Ineffective assistance — failing to obtain White instruction / argue kidnapping incidental to robbery	Mathis: absence of White instruction entitled him to relief; confinement was incidental to robbery	State: counsel moved for directed verdict on incidental-kidnapping theory and raised White on appeal; confinement and taking of checks/bank trip were separate criminal conduct	Held: No deficient performance; White issue was raised on appeal and this court found confinement went beyond incidental—error harmless
Newly discovered evidence / due process (Turner’s post-conviction testimony)	Mathis: Turner’s post-conviction testimony shows Lewis was co-conspirator, warrants new trial and due process relief	State: newly discovered evidence claims are generally not cognizable in post-conviction absent a constitutional violation; evidence was known to Mathis pre-trial; appellate waiver rules also apply	Held: Claim denied — not cognizable as post-conviction relief; evidence not newly discovered; due process claim waived or previously determined

Key Cases Cited

Strickland v. Washington, 466 U.S. 668 (ineffective assistance standard: deficiency and prejudice)
Lockhart v. Fretwell, 506 U.S. 364 (prejudice inquiry and effect on outcome)
Jackson v. Virginia, 443 U.S. 309 (due process/sufficiency standard)
Herrera v. Collins, 506 U.S. 390 (newly discovered evidence and habeas limits)
State v. White, 362 S.W.3d 559 (Tenn. 2012) (White jury instruction on when kidnapping is incidental to robbery)
State v. Anthony, 817 S.W.2d 299 (Tenn. 1991) (kidnapping/robbery relation precedent relied on by defense)
Henley v. State, 960 S.W.2d 572 (Tenn. 1997) (post-conviction fact-finding deference)
Baxter v. Rose, 523 S.W.2d 930 (Tenn. 1975) (standard for counsel competence)
Goad v. State, 938 S.W.2d 363 (Tenn. 1996) (ineffective assistance burden and analysis)
Melson v. State, 772 S.W.2d 417 (Tenn. 1989) (applying Strickland under Tennessee Constitution)