Tory Lanez Loses Habeas Petitions in Megan Thee Stallion Shooting Case, Direct Appeal Still Pending

by Camila Curcio | Aug 13, 2025
Photo Source: Scott Roth / Associated Press via Los Angeles Times

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. In that appeal, Lanez contends the trial judge improperly allowed jurors to hear emotionally charged testimony from Megan about the shooting’s impact on her life. He also alleges his trial attorney provided ineffective representation by failing to object to parts of her testimony and accuses prosecutors of misconduct for repeating those statements during closing arguments and suggesting he attempted to bribe witnesses. Prosecutors have disputed all of these assertions.

During the trial, Megan testified for more than three hours, telling jurors that Lanez fired at her while shouting insults. A Cedars-Sinai orthopedic surgeon presented X-rays showing bullet fragments embedded in both of her feet, explaining that four pieces of metal were removed during emergency surgery. A neighbor who witnessed the shooting described a “very agitated” man firing indiscriminately.

Lanez, who was moved to the California Men’s Colony in San Luis Obispo after being stabbed by another inmate at a different facility in May, will remain in custody as his direct appeal proceeds. If unsuccessful, he will have exhausted most of his avenues for challenging the verdict.

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Camila Curcio
Camila Curcio
Camila studied Entertainment Journalism at UCLA and is the founder of a clothing brand inspired by music festivals and youth culture. Her YouTube channel, Cami's Playlist, focuses on concerts and music history. With experience in branding, marketing, and content creation, her work has taken her to festivals around the world, shaping her unique voice in digital media and fashion.