Sunday, December 4, 2022

Jackson dissents: Kevin Johnson dies despite probable win on merits

Kevin Johnson was executed in Missouri yesterday.  Yet the prosecutor had moved to reconsider the case on the ground that there was significant doubt on the defendant's guide past his tummy.First, a prosecutor can file a motion to vacate if she “has information that a convicted person . . . may have been erroneously convicted.” §547.031.1.
But the prosecuto did not get to have the hearing  that the statute calls for.  The Supreme Court of the former slave state did not have enough prove Roos
22A463 Johnson v. Missouri (11/30/22)
In short, a State cannot provide a process for postconviction review (like that outlined in §547.031) and then arbitrarily refuse to follow the prescribed procedures

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