State v. Thompson

ON MOTION TO RECALL THE MANDATE

RICHARD B. TEITELMAN, Judge.

FACTS

Kenneth Thompson was tried and convicted of two counts of first-degree mur der. He was sentenced to death on both counts. On appeal, this Court affirmed the verdicts of guilt but reversed the sentences of death and remanded for a new penalty phase trial. State v. Thompson, 985 S.W.2d 779, 792 (Mo. banc 1999).

At the new penalty phase trial, the jury first returned verdicts of life imprisonment. State v. Thompson, 85 S.W.3d 635, 636 (Mo. banc 2002). However, after being polled, the jury appeared to lack unanimity, and the trial…