His public defender, Tyler Coyle, stated that in Nicholas’ last trial, he had “argued that his mental state did not meet the requirements for first-degree murder. The jury should have only found him guilty of second-degree murder,” per Springfield news outlet KY3.
“If he were to get a new trial,” he continued, “then it would start over and there wouldn’t be any previous finding of first-degree or second degree.”
Nicholas, who is serving his time in a Missouri prison, had previously filed an appeal soon after his conviction, arguing the court had abused its discretion in excluding testimony from a defense psychological expert about ASD. The judge denied the initial motion for appeal, noting that “the defense counsel is not obligated to shop for expert witnesses who might provide more favorable testimony,” Court TV reported.
