State Ex Rel. Johns v. Kays

Alis Ben Johns was convicted of first degree murder and sentenced to death in Pulaski County. This Court affirmed that judgment. State v. Johns, 34 S.W.3d 93 (Mo. banc 2000). Johns then filed a post-conviction motion. The motion court de termined that Johns was mentally retarded and, therefore, not eligible for the death penalty under Atkins v. Virginia, 536 U.S. 304, 122 S.Ct. 2242, 153 L.Ed.2d 335 (2002), and section 565.030, RSMo 2000. The state did not appeal the motion court’s judgment, which is now final.

Johns is now charged with first degree murder in Camden County. Relying on the…