After being convicted of the two children's murders, Thomas was sentenced to death by a jury on November 8, 1996. The conviction and sentence were then affirmed by the Texas Court of Criminal Appeals after an automatic appeal required in all death penalty cases in Texas. An appeal for writ of habeas corpus was denied on November 24, 1998, by the Court of Criminal Appeals. Appeals to a U.S. district court were also denied and an application for a certificate of appealability was denied in the United States Court of Appeals for the Fifth Circuit on October 11, 2004. Thomas did not file a clemency petition with the Texas Board of Pardons and Paroles.