JOHNS, STEPHEN K.

General Information

DOB: September 26, 1946
Race: White
Gender: Male

Crime and Trial

County of conviction: St. Louis City
Number of counts: One
Race of victim: White
Gender of victim: Female
Date of crime: February 18, 1982
Date of sentencing: January 12, 1983
Date of execution: October 24, 2001

Legal status:

Trial Counsel:
_______ Richardson

Last counsel of record:
Robert J. Selsor
7733 Forsyth Blvd, 12th Floor
St. Louis, MO 63105
314-727-7676

John W. Simon
P.O. Box 16005
Clayton, MO 63105

Last judicial decision:

--Denial of habeas affirmed by Johns v. Bowersox, 203 F.3d 538 (8th Cir. 2000), reh'g denied, 208 F.3d 724 (8th Cir. 2000), cert. denied, 531 U.S. 1038 (2000)

Reported Opinions:

--Conviction and sentence affirmed on direct appeal by State v. Johns, 679 S.W.2d 253 (Mo. banc 1984), cert. denied, 470 U.S. 1035 (1985).

--Denial of post-conviction relief affirmed by Johns v. State, 741 S.W.2d 771 (Mo. App. E.D. 1987), cert. denied, 486 U.S. 1046 (1988).

--Denial of habeas affirmed by Johns v. Bowersox, 203 F.3d 538 (8th Cir. 2000), reh'g denied, 208 F.3d 724 (8th Cir. 2000), cert. denied, 531 U.S. 1038 (2000).

Significant legal issues:

--State supreme court's overruling of Mr. Johns' case on direct appeal (on the issue of instructing the jury that an criminal associate's premeditation cannot be attributed to another associate, who must individually premeditate himself) while refusing to apply its decision to Mr. Johns on a motion to recall the mandate. See State v. Johns, 679 S.W.2d 253 (Mo. banc 1984), overruled by State v. O'Brien, 857 S.W.2d 212 (Mo. banc 1993).

--Brady claim relating to state's failure to disclose the fact that one of the witnesses against Mr. Johns had been given a financial reward by the victim's family

--trial counsel's failure to present mitigating evidence, albeit at Mr. Johns' request

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