MICKEY DAVID THOMAS
General Information
DOB: September 25, 1974
Race: Black
Gender: Male
Crime and Trial
County of conviction: Pike
Number of counts: 2
Race of victim:
Gender of victim: Female
Date of crime: June 14, 2004
Date of sentencing: September 29, 2005
Trial Counsel:
William H. McKimm and Bob Keeter
Legal Status
Current proceedings:
Post-conviction.
Last judicial decision:
Conviction affirmed in Thomas v. State, ___ S.W.3d ____, 2007
WL 1447914 (May 17, 2007).
Trial Counsel:
Current counsel:
Reported Opinions:
Conviction affirmed in Thomas v. State, ___ S.W.3d ____,
2007 WL 1447914 (May 17, 2007).
Significant Legal Issues
Voir Dire issues- Judge permitted prosecution to question potential
jurors, but not defense counsel.
The trial court erred by transferring the trial to a county with a
substantially smaller population of persons of Appellant's race. The trial
court abused its discretion by failing to enhance the prospective jury pool.
- The trial court erred by failing to grant Appellant's motions to prohibit
victim-impact evidence.
- Trial court permitted evidence of drug
use to come in at trial
Improper closing arguments: the prosecutor advised the jury that the
governor would set the execution date and the manner of execution would be
determined by statute.
- Trial court improperly instructed jury that they need to find that
mitigators "probably exist" rather than "found to exist" as provided by
statute and improperly required the jury to find that the mitigating
circumstances occurred at the time of the "murder".
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