No. 22-5947

Kevin Johnson v. Missouri

Lower Court: Missouri
Docketed: 2022-10-31
Status: Denied
Type: IFP
IFP
Tags: criminal-procedure criminal-trial death-penalty eighth-amendment juror-misconduct juvenile-justice mental-health mental-impairment racial-bias
Latest Conference: N/A
Question Presented (from Petition)

1. In light of a court's duty to issue a remedy that "neutralize[s] the taint of a constitutional violation" while avoiding the grant of "a windfall to the defendant," Lafler v. Cooper, 566 U.S. 156, 170 (2012), did Johnson's retrial before a second jury that convicted him of first degree murder and sentenced him to death remedy the constitutional violation from the first trial, at which two racist jurors prevented a unanimous verdict on a lesser offense?

2. Does the Eighth Amendment forbid the death penalty for crimes committed by offenders under the age of 21, or, at the least, in the case of a 19 year old offender who suffered from significant mental impairments?

Question Presented (AI Summary)

Whether the retrial and death sentence of a 19-year-old offender with mental impairments remedied the constitutional violation from the first trial with racist jurors

Docket Entries

2022-11-23
Application (22A414) referred to the Court.
2022-11-23
Petition DENIED.
2022-11-23
Application (22A414) for stay of execution of sentence of death presented to Justice Kavanaugh and by him referred to the Court is denied. The petition for a writ of certiorari is denied.
2022-11-21
Reply of applicant Kevin Johnson filed.
2022-11-21
Reply of petitioner Kevin Johnson filed.
2022-11-16
Brief of respondent Missouri in opposition filed.
2022-11-08
Application (22A414) for a stay, submitted to Justice Kavanaugh.
2022-10-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 30, 2022)

Attorneys

Kevin Johnson
Joseph W. LubyFederal Community Defender Office, E.D. Pa., Petitioner
State of Missouri
Andrew Jacob CraneMissouri Attorney General's Office, Respondent