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Thread: Ernest Lee Johnson - Missouri Execution - October 5, 2021

  1. #21
    Senior Member CnCP Legend Mike's Avatar
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    State Supreme Court denies killer's request to stop execution

    COLUMBIA, Mo. - The Missouri Supreme Court of Monday turned down a convicted killer's request to have a judge consider evidence that he is mentally disabled. Ernest Lee Johnson is scheduled to be executed for bludgeoning three people to death at a Columbia Casey's convenience store in 1994.

    The only motions that would stop Johnson's execution are an order from the U.S. Supreme Court or a grant of clemency from Governor Jay Nixon.

    http://www.abc17news.com/news/state-...ution/36209574
    "There is a point in the history of a society when it becomes so pathologically soft and tender that among other things it sides even with those who harm it, criminals, and does this quite seriously and honestly. Punishing somehow seems unfair to it, and it is certain that imagining ‘punishment’ and ‘being supposed to punish’ hurts it, arouses fear in it." Friedrich Nietzsche

  2. #22
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    Attorneys asks Supreme Court to halt Ernest Lee Johnson's execution

    Only an order from the U.S. Supreme Court or a grant of clemency from Gov. Jay Nixon can stop Tuesday’s scheduled execution of Ernest Lee Johnson for the 1994 murder of three people at a Columbia convenience store.

    The Missouri Supreme Court on Monday turned down Johnson’s request that it appoint a judge to consider evidence that he is intellectually disabled and therefore it would be unconstitutional to execute him. The court did not explain its reasoning in the two-sentence decision.

    Johnson’s attorneys, Jeremy Weis and Brian Gaddy, on Sunday filed a petition seeking a hearing before the federal high court, arguing that the Eighth Circuit Court of Appeals was mistaken when it denied Johnson’s latest appeal Friday.

    They argue the drugs used by the state, midazolam and pentobarbital, pose “a substantial and unjustifiable risk” of seizures during the execution because of a slow-growing brain tumor and scarring from surgery that removed portions of the tumor in 2008.

    “If left to stand, the lower court opinions in this case create an impossible burden on a condemned inmate to allege an alternative method of execution,” Gaddy wrote in the appeal directed to Justice Samuel Alito.

    The Eighth Circuit properly applied the law, and alleging the drugs could pose a risk is not the same as showing they do pose a risk, Attorney General Chris Koster’s office argued in a brief filed Monday morning.

    “The court of appeals held Johnson’s complaint to the same standard as any other complaint filed in federal district court,” Assistant Attorney General Michael Spillane wrote. “Those holdings are not error.”

    Johnson, 55, is scheduled to die by lethal injection at 6 p.m. Tuesday. Driven by his addiction to crack cocaine, Johnson on Feb. 12, 1994, robbed Casey’s General Store, 2200 Ballenger Lane, and used a hammer and screwdriver to kill Mary Bratcher, 46, Mable Scruggs, 57, and Fred Jones, 58.

    Bratcher, a single mother with three children, traded shifts that night so another employee could attend a birthday party. Jones lived with his mother and cared for his twin brother, Ted, who was confined to a wheelchair after a stroke. Scruggs was a single mother working three jobs.

    Johnson is one of 33 inmates on Missouri’s death row. Johnson will be the seventh inmate in Missouri to be executed in 2015 if he dies Tuesday.

    Weiss said Monday that he does not expect the U.S. Supreme Court to act on the appeal until Tuesday.

    A petition for clemency is pending before Nixon, spokesman Scott Holste wrote in an email.

    “The governor will act on the petition after completion of a thorough review,” he wrote.

    In the petition to the U.S. Supreme Court, Johnson’s attorneys argued allowing the execution using the two drugs would violate Eighth Amendment protection against cruel and unusual punishments. State law allows the use of lethal gas for executions, which they said does not pose the same risks of seizures and pain.

    The Eighth Circuit improperly applied the standard established in a June decision from Oklahoma, Johnson’s attorneys wrote. In that decision, the high court ruled an inmate must show “a substantial risk of serious harm, an objectively intolerable risk of harm” and that an alternative method of execution is available.

    Missouri has not executed an inmate using gas since 1965 and does not have a working gas chamber. The Eighth Circuit ruled that while gas is legally available in Missouri, it is not “a feasible or readily implementable alternative.”

    An inmate should only have to show in an initial appeal that an alternative method is available, not how quickly it could be used, the appeal said.

    “Such a standard would be impossible to meet and would render the Eighth Amendment meaningless in the context of method-of-execution challenges,” the attorneys wrote.

    http://www.columbiatribune.com/news/...89aac5f36.html
    Last edited by Helen; 11-02-2015 at 10:33 PM. Reason: spacing, font size

  3. #23
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    I think there are less than 33 inmates on Missouri death row.

  4. #24
    Moderator MRBAM's Avatar
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    SCOTUS filings :

    1)
    No. 15-6773 *** CAPITAL CASE ***
    Title:
    Ernest Lee Johnson, Petitioner
    v.
    George A. Lombardi, et al.

    Docketed: November 1, 2015
    Linked with 15A473
    Lower Ct: United States Court of Appeals for the Eighth Circuit

    Case Nos.: (15-3420)
    Decision Date: October 30, 2015


    ~~~Date~~~ ~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~
    Nov 1 2015 Application (15A473) for a stay, submitted to Justice Alito.
    Nov 1 2015 Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 1, 2015)
    Nov 2 2015 Brief of respondent George A. Lombardi, et al. in opposition filed.

    2)
    No. 15A473
    Title:
    Ernest Lee Johnson, Applicant
    v.
    George A. Lombardi, et al.

    Docketed: November 1, 2015
    Linked with 15-6773
    Lower Ct: United States Court of Appeals for the Eighth Circuit

    Case Nos.: (15-3420)


    ~~~Date~~~ ~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~
    Nov 1 2015 Application (15A473) for a stay, submitted to Justice Alito.

  5. #25
    Administrator Helen's Avatar
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    BREAKING: #SCOTUS grants stay of execution to Ernest Johnson in Missouri.



    https://twitter.com/chrisgeidner
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  6. #26
    Administrator Helen's Avatar
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    Ernest Lee Johnson's execution on hold, pending federal court appeal

    By Marshall Griffin
    St. Louis Radio

    Updated 8:05 p.m. Nov. 3 with court ruling - The U.S. Supreme Court has hit the pause button on tonight's scheduled execution of Ernest Lee Johnson.

    The high court issued a stay, pending the outcome of one of his appeals. It centers on claims that the state's execution drug pentobarbital could cause Johnson to experience violent seizures, due to part of his brain being removed in 2008 during surgery to remove a tumor.

    Johnson's complaint was dismissed by a federal judge last week, but in tonight's ruling Justice Samuel Alito ordered the 8th U.S. Circuit Court of Appeals to determine whether the complaint was properly handled.

    There is no word yet on how soon the federal appeals court will rule, and this story will be updated as more information comes in.

    http://news.stlpublicradio.org/post/...l-court-appeal
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  7. #27
    Senior Member Member ted75601's Avatar
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    To me, his claim sound like what I stepped in when I stepped off the curb last week!!!!

  8. #28
    Administrator Michael's Avatar
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    I can´t believe it. This sounds like a joke.
    No murder can be so cruel that there are not still useful imbeciles who do gloss over the murderer and apologize.

  9. #29
    Senior Member Frequent Poster schmutz's Avatar
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    Quote Originally Posted by ted75601 View Post
    To me, his claim sound like what I stepped in when I stepped off the curb last week!!!!
    There are proper ways to dispose of such messes, and I won't fault Justice Alito for insisting on such. Something I point out to the antis out there is that when the state executes someone, it is done with due process, a detail the murderer dispenses with, and is why he is, in fact, a murderer.

  10. #30
    Administrator Heidi's Avatar
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    Update

    ST. LOUIS (AP) — The latest on the last-minute decision to delay the execution of a Missouri inmate with a brain tumor (all times local):

    11:20 a.m.

    The state of Missouri has called off the execution of an inmate whose lethal injection was delayed by a last-minute ruling from the U.S. Supreme Court.

    Missouri Attorney General's office spokeswoman Nanci Gonder told The Associated Press that the execution of Ernest Lee Johnson wouldn't be carried out on Wednesday.

    Johnson was scheduled to die at 6 p.m. Tuesday. The state has 24 hours to carry out the lethal injection, but Gonder said the court case wouldn't be resolved by then.

    The Supreme Court stepped in Tuesday evening, ruling that 8th U.S. Circuit Court of Appeals needed to reconsider part of the case.

    The appeals court has not scheduled a hearing.

    If the courts rule that Johnson's execution can move forward, the Missouri Supreme Court would need to set a new date.

    http://www.sfchronicle.com/news/us/a...id-6610261.php
    An uninformed opponent is a dangerous opponent.

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