No. 23-5243

Johnny Johnson v. David Vandergriff, Warden

Lower Court: Missouri
Docketed: 2023-07-31
Status: Denied
Type: IFP
IFP
Tags: capital-punishment due-process eighth-amendment evidentiary-hearing ford-v-wainwright habeas-corpus mental-competency panetti-v-quarterman procedural-fairness
Latest Conference: N/A
Question Presented (from Petition)

1. Whether a report from a qualified neuropsychiatrist that a condemned prisoner is incompetent for execution that is not contradicted by any qualified expert by the state, provide s sufficient evidence to establish a substantial threshold showing of insanity to require a "fair hearing in accord with fundamental fairness" as mandated by this Court's decisions in Ford and Panetti .

2. Whether the Missouri Supreme Court's practice issuing findings of fact and credibility determinations based entirely on a paper record and issuing final adjudications on the merits of condemned priso ners' Ford /Panetti claims without permitting discovery or an evidentiary hearing in an expedited manner violates procedural due process.

3. Whether the Missouri Supreme Court's disparate treatment of habeas corpus petitions from condemned men raising Ford /Panetti claims with the petitions of other prisoner 's state habeas petitions in situations where the record is not adequately developed by affordin g all other habeas petitioners an evidentiary hearing before a Special Master, violates due process and equal protection .

Question Presented (AI Summary)

Whether a report from a qualified neuropsychiatrist that a condemned prisoner is incompetent for execution that is not contradicted by any qualified expert by the state, provides sufficient evidence to establish a substantial threshold showing of insanity to require a 'fair hearing in accord with fundamental fairness' as mandated by this Court's decisions in Ford and Panetti

Docket Entries

2023-08-01
Petition DENIED.
2023-08-01
Application (23A93) referred to the Court.
2023-08-01
Application (23A93) 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.
2023-08-01
Brief of respondent David Vandergriff, Superintendent in opposition filed.
2023-08-01
Reply of petitioner Johnny Johnson filed.
2023-07-31
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 30, 2023)
2023-07-31
Application (23A93) for stay of execution of sentence of death, submitted to Justice Kavanaugh.

Attorneys

David Vandergriff, Superintendent
Gregory Michael GoodwinMissouri Attorney General's Office, Respondent
Johnny Johnson
Kent E. GipsonLaw Office of Kent Gipson, LLC, Petitioner