BATTLE, THOMAS
General Information
DOB: March 4, 1962
Race: African-American
Gender: Male
Crime and Trial
County of conviction: St. Louis City
Number of counts: One
Race of victim: African-American
Gender of victim: Female
Date of crime: July 5, 1980
Date of sentencing: October 8, 1981
Date of execution: August 7, 1996
Legal status:
Trial Counsel: Mark Fredman
Last counsel of record:
Richard Ahrens
Lewis & Rice
500 N. Broadway, Suite 2000
St. Louis, MO 63102
314-444-7600
Last judicial decision:
Habeas denied following remand. See Battle v. Armontrout, 814 F.
Supp. 1412 (E.D. Mo. 1993), aff'd Battle v. Delo, 19 F.3d 1547
(8th Cir. 1994), adhered to on modified opinion on rehearing by
Battle v. Delo, 64 F.3d 347 (8th Cir. 1995), cert. denied, 517 U.S.
1235 (1996).
Reported Opinions:
--Conviction and sentence affirmed on direct appeal by State v. Battle, 661 S.W.2d 487 (Mo. banc 1983), cert. denied, 466 U.S. 993 (1984).
--Denial of post-conviction relief affirmed by Battle v. State, 745 S.W.2d 730 (Mo. App. E.D. 1987), cert. denied, 488 U.S. 871 (1988).
--Denial of habeas vacated and remanded for further proceedings and appointment of counsel. See Battle v. Armontrout, 902 F.2d 701 (8th Cir. 1990).
--Habeas denied following remand. See Battle v. Armontrout, 814 F. Supp. 1412 (E.D. Mo. 1993), aff'd Battle v. Delo, 19 F.3d 1547 (8th Cir. 1994), adhered to on modified opinion on rehearing by Battle v. Delo, 64 F.3d 347 (8th Cir. 1995), cert. denied, 517 U.S. 1235 (1996).
Significant legal issues:
--trial counsel's failure to call Elroy Preston or Tracy Rowan to testify, in light of counsel's theory that Preston was the actual killer of the victim
--effectiveness of trial counsel in failing to interview a witness who was referred to by an incorrect last name in the police reports
--trial counsel's failure to adequately challenge the prosecution's serology evidence
--ineffective assistance of state post-conviction counsel as "cause" to excuse Mr. Battle's failure to present certain IAC claims to the state courts
--unconstitutional vagueness of the "depravity of mind" aggravating circumstance, where the Missouri Supreme Court's limiting instruction (defining the term as involving torture of the victim) was not presented to and considered by the actual jury