Nicholas cleaned and detailed cars in New Orleans, and he sold cars on consignment at an auto shop. He was accused of stealing three used cars. Although he argued that he was incompetent due to mental illness, the court found him competent to stand trial. At trial, he was found to have stolen a 1987 Peugeot and a 1993 Isuzu Rodeo, and also to have driven a used 1989 Lincoln Town Car without authorization following a test drive. He was convicted of two counts of theft of property worth $500 or more and one count of unauthorized use of an automobile. Nicholas, who is Black, says he never saw his court-appointed lawyer before his trial, and reports his defense witnesses were not subpoenaed. He was initially sentenced to 10 years on each of the two theft charges and five years on the unauthorized use charge. The original 10-year sentence on one of the theft charges was vacated, and he was resentenced to LWOP as a fourth-time felony offender because of three prior convictions; he pleaded guilty to theft in 1991, forgery in 1984, and possession of stolen things in 1975. Nicholas had at least six additional felony convictions dating back to 1969 for avoiding paying telephone bills, theft, possession of stolen property, forgery, issuing worthless checks, and battery. Now 61, Nicholas has been incarcerated for over 17 years.

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