Tory Lanez' New Evidence Deemed Insufficient

Three months ago the legal team for incarcerated rapper, Tory Lanez, held a press conference announcing that new evidence would exonerate Tory in the shooting of Houston rapper Megan Thee Stallion and overturn his conviction [click here if you missed that].  

The court rules the new evidence insufficient...

From Law Commentary

Tory Lanez has suffered another legal setback in his ongoing fight to overturn his conviction for shooting Megan Thee Stallion in July 2020. A California appellate court on Tuesday rejected two habeas corpus petitions filed by the rapper, born Daystar Peterson, ruling that his claims failed to meet the legal threshold for relief. His separate direct appeal, challenging aspects of the trial itself, remains active, with oral arguments scheduled for Monday.

Lanez, 33, is serving a 10-year sentence after a Los Angeles jury found him guilty in December 2022 of assault with a semiautomatic firearm, negligent discharge of a firearm, and possession of an unregistered firearm. The charges stemmed from an incident following a Hollywood Hills party where prosecutors said Lanez shot Megan Thee Stallion in both feet while yelling at her to “dance.”

In their decision, the three-judge panel from California’s Second District Court of Appeal described Lanez’s habeas filings as “piecemeal” and insufficient. The first petition, submitted in 2023, argued that the firearm in question had been “misplaced” and was no longer available for examination. Lanez claimed the alleged loss deprived him of access to crucial evidence. The court dismissed that assertion, citing a sworn statement from an LAPD officer confirming that the gun, its magazine, and all related bullets and fragments remain in police custody.

Judges also noted that Lanez never sought additional DNA testing during trial proceedings and failed to explain how such testing could prove his innocence. They pointed out that bullet fragments removed from Megan’s feet were unlikely to contain usable DNA or fingerprints. At trial, experts for both the prosecution and defense testified that Lanez’s DNA was not found on the gun’s magazine and that tests on the firearm were inconclusive, evidence jurors heard alongside testimony from Megan, a bystander witness, and Megan’s former friend Kelsey Harris, who had initially corroborated Megan’s account in a recorded statement.

The second habeas petition, filed in 2024, focused on purported new witness testimony. Lanez’s legal team presented an affidavit from his driver, Jauquan Smith, claiming he saw Harris holding the gun before the shooting. Smith said he did not witness the actual gunfire. Lanez argued that the statement supported his defense theory that Harris was the shooter. The filing also included claims that a bodyguard, Bradlie James, overheard Harris confessing to firing the weapon.

The appellate panel was unmoved. The judges said trial records showed Lanez and his attorney had “affirmatively decided” not to call Smith as a witness in December 2022, forfeiting the right to raise his statements later. As for James, the judges deemed his affidavit “untimely,” noting it was dated August 2024 but submitted months afterward without adequate explanation for the delay. The court further ruled that even if considered, the claims lacked merit.

While these habeas petitions have been denied, Lanez’s primary legal challenge, his direct appeal, is still pending.