Ketanji Brown Jackson

“ We denied Kevin Johnson’s application for an emergency stay of his execution on November 29, 2022, and the State of Missouri has carried out that penalty. Now, one day later, I write to explain my vote to grant his stay request. For the reasons that follow, in my view, there was a likelihood that Johnson would have succeeded on the merits of his federal due process claim, and it was clear that he would (and obviously did) suffer irreparable harm absent a stay. I also believe that the equities weighed in Johnson’s favor. ”

“ I write to emphasize the relatively low burden that is “materiality” for purposes of Brady and Strickland v. Washington, 466 U. S. 668 (1984) . To prove prejudice under both Brady and Strickland, a defendant must show “a reasonable probability” of a different outcome. United States v. Dominguez Benitez, 542 U. S. 74, 82 (2004) ; United States v. Bagley, 473 U. S. 667, 682 (1985) (opinion of Blackmun, J.) . We have repeatedly said that the “reasonable probability” standard is not the same as the “more likely than not” or “preponderance of the evidence” standard ”

“ See §547.031.3 (requiring that the court’s findings and conclusions about a properly filed motion to vacate be based, in part, on “evidence presented at the hearing on the motion”) . What is more, the court’s determination that there was not “clear and convincing” evidence to support the motion to vacate in the absence of a hearing in which there would have been a chance to produce such evidence, as the statute requires, transgressed core procedural due process principles. ”