Missouri Supreme Court Chief Justice George Draper III Archives

Lamar Johnson’s appeal rejected by Missouri Supreme Court; Missouri AG and Gardner on opposite sides in case

March 2, 2021 By Brian Hauswirth

The Missouri Supreme Court has rejected an appeal from convicted murderer Lamar Johnson of St. Louis, a case that has received national media attention. It’s also a case that has attracted attention from elected prosecutors from across the nation and Missouri.

47-year-old Lamar Johnson is serving a life sentence for first degree murder at the Jefferson City Correctional Center (2019 file photo courtesy of the Missouri Department of Corrections)

The 47-year-old Johnson has been incarcerated since 1995, serving a life sentence without parole for first degree murder for killing Marcus Boyd in 1994 in St. Louis. Since then, Johnson’s co-defendant, Phillip Campbell, signed an affidavit saying that Johnson wasn’t involved in the murder. An eyewitness recanted his identification of Johnson, and signed an affidavit that he received monetary payments from the state.

In 2019, St. Louis Circuit Attorney Kim Gardner filed a motion for a new trial in Johnson’s case, saying that Johnson was convicted based on police and prosecutorial misconduct. The circuit court ultimately concluded it had no authority to decide the motion, and Johnson appealed.

The Supreme Court of Missouri heard remote oral arguments in the case in April 2020, and issued its decision Tuesday.

“In conclusion, this case is not about whether Johnson is innocent or whether there exists a remedy for someone who is innocent and did not receive a constitutionally fair trial. This case presents only the issue of whether there is any authority to appeal the dismissal of a motion for a new trial filed decades after a criminal conviction became final. No such authority exists; therefore, this court dismisses the appeal,” the Supreme Court writes. All seven judges agreed Johnson’s appeal should be dismissed.

In a separate opinion, Missouri Chief Justice George Draper III said he believes a prosecutor may seek to overturn a wrongful conviction through a court rule allowing a party to file a motion to seek relief from a final judgment in certain circumstances.

Supreme Court Judge Laura Denvir Stith has also written a separate opinion, and says she believes a petition for a writ of habeas corpus could provide a mechanism for Johnson to seek relief.

Missouri Attorney General Eric Schmitt and St. Louis Circuit Attorney Gardner are on different sides in the Johnson case. The chief counsel for criminal appeals for the attorney general’s office, Shaun Mackelsprang, argued the case last April before the Missouri Supreme Court.

“A jury found him (Johnson) guilty, found him guilty of murder in the first degree and armed criminal action. To this day, there has not been a hearing with any evidence presented showing that he is, in fact, innocent,” Mackelsprang told the court in April 2020.

U.S. Marshals: Southern Missouri man who threatened to kill sheriff and judge in custody

February 9, 2021 By Brian Hauswirth

The U.S. Marshals have announced that they’ve captured a southern Missouri man accused of threatening to kill Wright County Sheriff Sonny Byerley, a judge and their family members.

50-year-old Lonnie Richardson has been captured by the U.S. Marshals and by Laclede County Sheriff’s deputies near Lebanon (February 2021 photo courtesy of the Wright County Sheriff’s Facebook page)

50-year-old Lonnie Richardson was arrested Monday, after marshals and Laclede County Sheriff’s deputies found him hiding in a small camping trailer near southwest Missouri’s Lebanon. Richardson was arrested by the U.S. Marshals Service-Midwest Violent Fugitive Task Force. Richardson was taken into custody, after a brief standoff.

Richardson is from Hartville, which is about an hour east of Springfield. Online court records show he’s charged with three felonies in Wright County: second degree terrorist threat and two counts of tampering with a judicial officer. The alleged incidents happened on Thursday. The Marshals Office in Springfield say the threats prompted a multi-agency law enforcement effort to protect the sheriff, judge and family members.

The Wright County court has ordered that Richardson be jailed without bond, describing him as “a danger to the alleged victims, law enforcement and community.”

“Richardson threatened to kill public officials and their families. His reckless behavior threatened to tear the fabric of our criminal justice system. If you act in this lawless way, the U.S. Marshals will find you and bring you to justice,” U.S. Marshal Mark James of Missouri’s Western District says, in a written statement.

A Facebook post from the Wright County Sheriff’s office says Richardson also made a death threat toward a local police officer.

The importance of safety for judges and court officials was emphasized by Missouri Supreme Court Chief Justice George Draper III, during last week’s State of the Judiciary Address.

“Our (court) security staff needs additional training and more standardized compensation. Our judges need to ensure their privacy can be protected, and, in my opinion, we need to be able to use witness protection services funds to protect judges and their families against credible threats of violence,” Justice Draper said, during last week’s address.

Chief Justice Draper is also calling for security upgrades to court buildings.

Research time is key issue in Sunshine Law case heard by the Missouri Supreme Court

February 3, 2021 By Brian Hauswirth

The Missouri Supreme Court will decide whether public governmental bodies can charge fees for searching for and researching public records. It’s the key question in a major case that was heard Wednesday morning by the Supreme Court.

Missouri Supreme Court Chief Justice George Draper III takes notes in Jefferson City during remote oral arguments on October 6, 2020 (file photo courtesy of Missouri Supreme Court communications counsel Beth Riggert)

The court heard remote oral arguments in a Sunshine Law dispute between GOP Governor Mike Parson’s office and former Democratic attorney general candidate Elad Gross. There is no timeframe on when the court will issue a decision.

The case started in October 2018 when Counselor Gross, who later ran for attorney general in 2020, sent a Sunshine request to the governor’s office regarding campaign contributions. The governor’s office said the request found more than 13,000 documents and would cost about $3,600 to produce and take up to 120 business days to provide. Gross later amended his request and received about 60 pages, some of which were redacted.

Gross contends the governor’s office charged excessive fees. However, then-Cole County Circuit Judge Patricia M. Joyce dismissed Gross’ case. Judge Joyce has since retired.

Counselor Gross is asking the Supreme Court to reverse Judge Joyce’s decision. He argues the governor’s office abused its discretion by acting arbitrarily and in not waiving or reducing fees with his first request.

The governor’s office is represented by State Attorney General Eric Schmitt’s office. Deputy Attorney General Jeremiah Morgan argued the case on Wednesday.

Mr. Morgan’s main argument involves the plain language of the Missouri Sunshine Law, saying it authorizes research time to be charged at the actual cost and doesn’t require a waiver of those costs. Deputy Attorney General Morgan also says closed and privileged material can be redacted from responsive documents.

Gross also questions why he was being charged $40 per hour when Missouri law calls for record production “using employees of the body that result in the lowest amount of charges for search, research and duplication time.” Morgan says the $40 per hour rate is the hourly rate of the lowest-paid attorney on Governor Parson’s staff. He also says research time is a major part of an attorney’s work.

Deputy Attorney General Morgan says the governor’s office followed the plain language of the Sunshine Law. He’s asking the Missouri Supreme Court to affirm Judge Joyce’s ruling. He also told the court that if the governor’s office is bombarded with requests like this, they would need to add more staff.

Missouri Supreme Court Judges Laura Stith and Patricia Breckenridge had several questions for Morgan about the records in question. Judge Stith asked if they’re paper, electronic or both. Deputy Attorney General Morgan told her it’s a combination of both.

COVID concerns continue to impact the Missouri Supreme Court. Missouri Supreme Court Chief Justice George Draper III was the only judge in the Jefferson City courtroom this morning. The other six judges were remote. Mr. Gross and Mr. Morgan were also at remote locations, and there were no reporters in the courtroom.

Click here to read Brian’s preview of the Gross vs. Parson case, which includes links to the 48-page brief from Counselor Gross, the 37-page brief from Deputy Attorney General Morgan and the amici brief from attorneys for the “St. Louis Post-Dispatch” and “Kansas City Star.”

Missouri Supreme Court hears arguments in key case involving 2018 labor bill

November 17, 2020 By Brian Hauswirth

The Missouri Supreme Court heard remote oral arguments on Monday afternoon in a key case involving public-sector employee labor laws.

The Supreme Court heard 36 minutes of arguments in a complicated case that involves a 2018 Missouri bill, that was sponsored by State Rep. Jered Taylor, R-Nixa. Republicans describe that bill, House Bill 1413, as paycheck protection, while Democrats view it as anti-labor.

In January, St. Louis County Circuit Judge Joseph Walsh III declared the bill “void in its entirety,” and prevented any of its provisions from being enforced. The state appealed.

Solicitor General D. John Sauer says the trial court erred several times, and emphasizes that no provision of the bill violates public employees’ rights to bargain collectively.

“There’s unrefuted, unrebutted evidence in the summary judgment record in this case that the plaintiffs submitted no evidence at all to refute that directly addresses how the various provisions of House Bill 1413 do protect in advance employees’ ability to select representatives of their own choosing,” Sauer tells the court.

You can read the full 146-page brief submitted by Solicitor General Sauer here.

Seven labor unions that represent public sector employees in Missouri disagree with Mr. Sauer, and are asking the state Supreme Court to affirm Judge Walsh’s decision. Those unions include the Missouri National Education Association, Ferguson-Florissant National Education Association and the Laborers’ International Union of North America, Local Union Number 42.

National Education Association attorney Jason Walta, who represented the plaintiffs at the Missouri Supreme Court, says the 2018 bill dramatically curtails public-sector collective bargaining.

“I think that the trial court wrote a very thoughful and excellent decision in this matter. He (Judge Walsh) considered the issues very carefully, and I think that it’s a decision that’s worthy of this court’s affirmance,” Walta tells the Supreme Court.

Counselor Walta says the bill infringes on the rights of employees to bargain collectively. You can read the full 103-page brief submitted by Counselor Walta here.

Because of COVID concerns, Missouri Supreme Court Chief Justice George Draper III was the only judge in the Jefferson City courtroom on Monday. The other six Supreme Court judges participated remotely, as did Counselors Sauer and Walta. Capitol reporters listened to the arguments remotely.

There is no timeframe on when the Supreme Court will issue a decision.