No. 23-5244

Johnny Johnson v. David Vandergriff, Warden

Lower Court: Eighth Circuit
Docketed: 2023-07-31
Status: Denied
Type: IFP
IFP
Tags: 28-usc-2254 capital-punishment competency-to-be-executed death-penalty delusional-beliefs habeas-corpus mental-competency mental-illness panetti-standard state-court-review
Key Terms:
DueProcess HabeasCorpus Punishment JusticiabilityDoctri
Latest Conference: N/A
Question Presented (from Petition)

When a panel has determined that 28 U.S.C. 2253(c)(2) has been satisfied and an appeal and concordant stay are necessary, does an en banc court have authority to vacate these determinations and deny petitioner his right to appeal absent a finding that the panel has abused its discretion?

Could a jurist of reason find a state court decision concluding that the petitioner did not meet Panetti's required threshold showing of incompetence is contrary to or an unreasonable application of law or rests on an unreasonable determination of the facts when the petitioner presented evidence establishing that he lacks a rational understanding of the reason for his execution and the State has not presented any relevant evidence to the contrary?

Question Presented (AI Summary)

Whether the state court's finding that the petitioner did not meet the Panetti threshold for incompetence to be executed was unreasonable under 28 U.S.C. § 2254(d)

Docket Entries

2023-08-01
Petition DENIED.
2023-08-01
Application (23A90) referred to the Court.
2023-08-01
Reply of petitioner Johnny Johnson filed.
2023-08-01
Application (23A90) 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. Justice Sotomayor, Justice Kagan, and Justice Jackson dissent. (Detached <a href = 'https://www.supremecourt.gov/opinions/22pdf/23a90_1qm1.pdf'>Opinion</a>)
2023-08-01
Reply of applicant 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 (23A90) for stay of execution of sentence of death, submitted to Justice Kavanaugh.
2023-07-31

Attorneys

David Vandergriff
Gregory Michael GoodwinMissouri Attorney General's Office, Respondent
Johnny Johnson
Daniel Evan KirschFederal Public Defender, Western District of MO, Petitioner