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. ”

“ 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. ”

“ Switzer, 562 U. S. 521, 530 (2011) ; Bouie v. City of Columbia, 378 U. S. 347, 356 (1964) .
This is one of those rare cases. Missouri’s Revised Statute §547.031 provides a three-step process for reviewing the integrity of a conviction. ”