JOHNSON, ERNEST
GENERAL INFORMATION
DOB: August 20, 1960
Race: African-American
Gender: Male
CRIME AND TRIAL
County of conviction: Boone
Number of counts: Three
Race of victim: White/white/white
Gender of victim: Female/male/female
Date of crime: February 12, 1994
Date of sentencing: June 20, 1995, re-sentenced in April 18, 1999.
TRIAL COUNSEL: Nancy McKerrow and Janice Zembles (during first trial and sentencing
phase)
((???????)) (during second sentencing proceeding)
LEGAL STATUS:
Current proceedings:
- Direct appeal from jury verdict for death pending in Missouri Supreme
Court, Case No. SC87825.
Last judicial decision:
- Jury finds for death at 3rd resentencing hearing May 12, 2006.
- Post-conviction relief granted by Johnson v. State, 102 S.W.3d 535
(Mo. banc 2003). Case remanded for new sentencing hearing and further
determination of whether Mr. Johnson is mentally retarded.
POST-CONVICTION COUNSEL:
Rosemary Percival
State Public Defender
818 Grand Boulevard, Suite 200
Kansas City, MO 64106-1910
John Tucci and Anthony Manansala
Missouri Public Defender System
1221 Locust St.
St. Louis, MO 63101
314-340-7662
CURRENT COUNSEL (FOR NEW PENALTY PHAST):
Elizabeth Carlyle
200 S.E. Douglas
Lee's Summit, MO 64063
816-525-6540
Tim Cisar
750 Bagnell Dam Blvd. Suite A
Lake Ozarks, MO 65049
573-365-2383
REPORTED OPINIONS:
- Denial of post conviction reversed, and case remanded for new sentencing
proceeding and determination of mental retardation, by Johnson v. State,
102 S.W.3d 535 (Mo. banc 2003).
- Sentences affirmed on direct appeal following re-sentencing. See State v. Johnson, 22 S.W.3d 183 (Mo. banc),
cert. denied, 531
U.S. 935 (2000).
- Convictions affirmed, sentences reversed because of trial
counsel's penalty phase ineffectiveness. See State v. Johnson, 968
S.W.2d 686 (Mo. banc 1998)
SIGNIFICANT LEGAL ISSUES:
- Mr. Johnson's possible mental retardation, and re-sentencing in light of
Atkins and Mo. Rev. Stat. Sec. 565.030.
- striking for cause of veniremember who said he could consider
imposing death sentence but could not sign verdict form if chosen
to be foreperson, and veniremember who stated that case would
have to be proven beyond reasonable doubt in order for
veniremember to consider death sentence
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