State v. Johnson
Decision Date | 28 November 2022 |
Docket Number | SC89168,SC99873 |
Parties | STATE OF MISSOURI, Respondent, v. KEVIN JOHNSON, Appellant. STATE OF MISSOURI, Plaintiff/Appellant, v. KEVIN JOHNSON, Defendant/Appellant. |
Court | Missouri Supreme Court |
Kevin Johnson was found guilty of first-degree murder and sentenced to death. His execution is scheduled for November 29, 2022. This matter comes before the Court on two motions - one by Johnson and one by the Special Prosecutor - to stay Johnson's execution. Neither Johnson nor the Special Prosecutor claims Johnson is actually innocent. Instead Johnson relies on the claims of "constitutional error" asserted by the Special Prosecutor in his motion to vacate Johnson's conviction under section 547.031.[1]This Court has heard and rejected those claims before, however, and nothing asserted by the Special Prosecutor materially alters those claims or establishes any likelihood he would succeed on them if that case were to be remanded for a hearing as he claims it should be. Accordingly, both motions to stay Johnson's execution are overruled.
A St Louis County jury unanimously found Johnson guilty of first-degree murder and recommended the death penalty for the shooting of Kirkwood Police Sergeant William McEntee. On direct appeal this Court summarized the factual and procedural background as follows:
State v. Johnson, 284 S.W.3d 561, 567-68 (Mo. banc 2009).
This Court affirmed Johnson's conviction on direct appeal,[2] id. at 589, and the United States Supreme Court denied certiorari. Johnson v. Missouri, 558 U.S. 1054 (2009). Johnson filed a motion in state court for postconviction relief under Rule 29.15 and, after a hearing, this motion was overruled. Johnson v. State, No. 09SL-CC04252 (Jan. 12, 2012). This Court affirmed that denial,[3] Johnson v. State, 406 S.W.3d 892, 909 (Mo. banc 2013), and the Supreme Court denied certiorari. Johnson v. Missouri, 571 U.S. 1240 (2014). Johnson thereafter sought relief in this Court on multiple occasions. Each time, this Court rejected his claims and denied relief. State v. Johnson, No. SC89168 (Nov. 7, 2022) (overruling the motion for stay of execution); State v. Johnson, No. SC89168 (Aug. 30, 2022) ( ); State v. Johnson, No. SC89168 (Oct. 26, 2021) ( ); State v. Johnson, No. SC89168 (Feb. 28, 2017) ( );[4] State v. Johnson, No. SC89168 (Oct. 27, 2015) ( ).
Johnson also sought habeas relief in the federal courts, which rejected each of his claims and denied relief.[5] Johnson v. Steele, No. 4:13-CV-2046-SNLJ, 2018 WL 3008307 (E.D. Mo. June 15, 2018) ( ); Johnson v. Steele, 999 F.3d 584 (8th Cir. 2021) (, )cert. denied, 142 S.Ct. 1376 (2022).
After Johnson exhausted all legal avenues for relief, including direct appeal and various postconviction relief proceedings in state and federal courts, this Court sustained the state's motion and set Johnson's execution date for November 29, 2022.
In 2021, the legislature passed section 547.031, which empowers a prosecuting or circuit attorney in the jurisdiction of conviction to file a motion to vacate or set aside the judgment at any time upon information that the convicted person may be actually innocent or there was constitutional error at the original trial that undermines confidence in the judgment. Section 547.031 provides in its entirety:
(Emphasis added).
On December 1, 2021,...
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