Summary
The Supreme Court denied a stay of execution for Kevin Johnson, with Justice Jackson dissenting. The dissent argued that Missouri violated due process by failing to hold a mandatory hearing under Mo. Rev. Stat. §547.031 before denying a motion to vacate Johnson's conviction, as the state's interpretation of the statute skipped the required procedural step. The case highlights due process requirements for post-conviction review when a state creates a statutory process for evaluating conviction integrity.
Topics
Practice areas
Questions Presented
- Whether Missouri's failure to hold a mandatory hearing under Mo. Rev. Stat. §547.031 before denying a motion to vacate a conviction violated the Fourteenth Amendment's Due Process Clause.
Key quotations
“Even assuming that it was error for the circuit court to overrule the Special Prosecutor's motion to vacate Johnson's conviction without the hearing and express findings of fact and conclusions of law, Johnson was not entitled to a stay because the motion to vacate fell short of the showing required by section 547.031.3, i.e., that there be 'clear and convincing evidence' demonstrating a 'constitutional error at the original trial . . . that undermines the confidence in the judgment.'” (2)
“a State cannot provide a process for postconviction review (like that outlined in §547.031) and then arbitrarily refuse to follow the prescribed procedures.” (3)
“the 'minimum requirements of due process' include an 'opportunity to be heard in person and to present witnesses and documentary evidence'” (3)
Factual background
Kevin Johnson was sentenced to death in Missouri. A special prosecutor filed a motion to vacate the conviction under Mo. Rev. Stat. §547.031, alleging constitutional error. The circuit court overruled the motion without holding a mandatory hearing. The Missouri Supreme Court denied a stay, reasoning that even without a hearing, there was insufficient evidence to support the motion. Johnson then applied to the U.S. Supreme Court for an emergency stay of execution. The Court denied the stay, and the execution was carried out on November 29, 2022.
Procedural history
The Missouri Supreme Court denied a stay of execution. Johnson applied to the U.S. Supreme Court for an emergency stay. The Court denied the stay on November 29, 2022, and the execution was carried out on November 30, 2022.