Court dismisses appeal of man convicted of three Columbia murders
JEFFERSON CITY - Court documents from Monday showed the United States Court of Appeals dismissed Ernest Lee Johnson's appeal.
The dismissal from Monday read, "The district court did not properly enter a final judgment, and we lack jurisdiction over Johnson’s appeal."
Johnson was sentenced to death for three murders during a robbery of Casey's General Store in Columbia in 1994. He was scheduled to be executed on Nov. 3, 2015; however, the United States Supreme Court granted a stay of execution for him in November.
Court documents showed Johnson sued the Missouri Department of Corrections director and other state officials under the Eighth Amendment. His attorneys argued medical conditions from which he suffers would cause painful reactions to the chemicals lethal injections use.
Johnson is living with a brain tumor, brain defects and brain scars, which has led medical experts to say a lethal injection execution could lead to a "violent seizure."
Court documents stated, "Johnson has had ample time to prepare an amended complaint. The State has not established a new execution date, and Johnson is free to move for leave to amend his complaint without the pressure of a scheduled execution."