Thomas v. Gibson

MURPHY, Circuit Judge.

I. INTRODUCTION

An Oklahoma state jury found Darrell Thomas guilty of first degree murder and robbery by force. The jury sentenced Thomas to death for the murder and to a term of ten years in prison for the robbery. Thomas unsuccessfully challenged his convictions and death sentence on direct appeal and state collateral review. See Thomas v. State, 811 P.2d 1337 (Okla.Crim.App.1991) (“Thomas I ”); Thomas v. State, 888 P.2d 522 (Okla.Crim.App.1994) (“Thomas II”). Thomas thereafter filed the instant 28 U.S.C. § 2254 habeas corpus petition in federal district court attacking…