Phillips Black

MICKEY THOMAS

Current Proceedings: State PCR post-cert. Federal habeas not yet filed in W.D. Ark. as of 10/10/21

Case Number: 20-7480

Judge: Grasz (2020, 8th Cir. Ct of Ap)

Demographic Information: Black Male

Current Counsel:

Legal Status: 8th Cir. (5/22/2020) - Reversed DC's grant of relief w/ respect to his penalty-phase IAC claim, and affirm DC's denial of relief on guilt-phase IAC claim. Affirmed DC's denial of hearing/relief for jury pool IAC claim, and reject hearing request for 6th amendment McCoy claim. SCOTUS denied cert. 10/4/21.

Significant Legal Issues:

• STATE

  • State PCR issues: (denied)

    • IAC failure to investigate allegations and failure to investigate and present mental health issues, and informing jury he was guilty/going to prison

    • 6th and 14th amend. violations by refusing to draw jury from larger list of registered drivers instead of registered voters

  • Appeal of State PCR Denial to AR SC: (raised only 2 IAC issues) Ct affirmed denial

    • Failure to object to change of venue

    • Failure to intro additional witness testimony

• FED

  • DC for WD of AR

    • Tried to renew PCR claims of IAC for failure to investigate exculpatory, mitigating, and mental health evidence-and new claim of IAC for not moving for expanded jury pool. (DC did not consider bc did not think meritorious)

    • Procedural default rule for above claims should be bypassed by cause and prejudice of state PCR attorney's IAC in causing the default. (DC held no prejudice for IAC at guilt phase, but did find IAC for mitigation -for trial counsel. Also, found IAC for State PRC counsel for failure to raise IAC claims resulting in proc.default. Thus Ct held AR must either retry or stipulate to life sentence)

    • Both side appealed

• 8th Cir. Ct of Appeals (2020)

  • Trial counsel IAC at both guilt and penalty phase

  • Appeals DC's rejection of jury-pool IAC claim, requesting federal hearing

  • Requests fed. hearing on dismissed guilt phase sub-claim in light of McCoy v. LA.

  • No procedural default of IAC claims was triggered in initial State PCR; however, it was triggered by IAC failure to appeal the PCR Ct's ruling on the guilt and penalty IAC claims. (Default resulted from failure to appeal rather than failure to raise the claims). Thus, does not constitute cause for the default. Therefore, 8th Cir. does not grant HC relief on guilt-and-penalty IAC claims

  • DC did not err in denying a hearing for jury-pool IAC claim

  • 6th amend. McCoy-type claim also procedurally defaulted.

Last Judicial Decision Related to Conviction or Sentence: Thomas v. Payne, 960 F.3d 465 (8th Cir. 2020) (reversing grant of relief on penalty-phase IAC claim), cert. denied, 2021 WL 4507566 (Oct. 04, 2021). Thomas v. Kelley, 2017 WL 1239148 (Mar. 31, 2017) (W.D. Ark. granting IAC claim under Martinez). [reversed by 8th Cir. Decision cited above]

Reported Opinions:

• Thomas v. Payne, 960 F.3d 465 (2020).

• Thomas v. State, 431 S.W.3d 923 (Ark. 2014).

• Thomas v. State, 370 Ark. 70, 257 S.W.3d 92, 104 (2007)

Prior Counsel:

• Scott Braden

• John Charles Williams

• Jason Phillip Kearney

• Josh Lee

Conviction County: Pike

Counts: 2

Victim Demographic:

• White Female (2)

Crime Date: 06/14/2004

Sentencing Date: 09/28/2005

Trial Counsel: Llewellyn Marczuk

Trial Judge: Timothy L. Brooks, U.S. District Judge

Trial Prosecutor: