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State v. Thomas2/27/2004
ny that he was a loving child.
(2) Any testimony he was a loving sibling.
(3) Any testimony regarding loving relationships with grandparents and family members.
(4) Any testimony showing that he was respectful to adults in childhood.
(5) Any testimony showing no known significant issues until age 15.
(6) Any testimony showing lack of bonding with positive male figures.
(7) Any testimony showing immaturity.
(8) Any testimony showing that he is easily influenced and led by older peers.
(9) Any testimony showing no criminal conviction committed alone.
(10) Any testimony of a history of substance abuse.
(11) Any testimony showing a lack of a formal education.
(12) Any testimony showing he obtained a GED while incarcerated.
(13) Any testimony he cooperated with authorities.
(14) Any testimony regarding apology expressed in Federal Court.
(15) Any testimony regarding proof that shows that he has family members that will provide him with love and support while in prison.
With regard to Defendant Thomas, the trial court instructed the jury to consider as mitigating circumstances:
(1) Whether he was the product of a dysfunctional family subject to abuse.
(2) Any history of family instability.
(3) Any proof of abandonment by a significant family member.
(4) Any evidence to show that one his parents was an abuser of drugs.
(5) Any difficulty with parents' divorce or separation of parents.
(6) Any active relationship that he may have with his child although in jail.
(7) Any proof that shows that he has family members that will provide him with love and support while in prison.
(8) Any proof that, although he is in jail, he provides love and support to other members of his family.
(9) Any positive relationship that he had with other adults and children.
(10) Any other mitigating factor which is raised by the evidence produced by either the prosecution or defense at either the guilt or sentencing hearing; that is, you shall consider any aspect of the defendant's character or record, or any aspect of the circumstances of the offense favorable to the defendant which is supported by the evidence.
After deliberations, the jury found that the State had proven the aggravating circumstance (i)(2), the defendant was previously convicted of one or more violent felonies other than the present charge, as to both Defendants. The jury further found, with regard to Defendant Bond, that the aggravating circumstance did not outweigh any mitigating circumstances beyond a reasonable doubt. In accordance with this verdict, the jury sentenced Defendant Bond to a sentence of life without the possibility of parole. With regard to Defendant Thomas, the jury found that the aggravating circumstance did outweigh any mitigating circumstances beyond a reasonable doubt. In accordance with this verdict, the jury sentenced Defendant Thomas to death for the murder of James Day.
Issues Raised by Defendant Thomas
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Tennessee Personal Injury Attorneys
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