There is debate over whether Johnson is intellectually disabled, which could stop his execution.
Jeremy Weis, Johnson’s public defender, said Johnson meets the appropriate and clinical requirements of intellectual disability and has also consistently shown an IQ range of 67 to 77 in multiple tests, the AP wrote.
The Missouri Supreme Court denied a petition from his lawyers that argued his execution would be cruel and unusual based on his intellectual disability, the Kansas City Star reported.
The Star also reported the court ruled that Johnson “‘failed to prove he is intellectually disabled.’”
Johnson’s lawyers previously argued before the Missouri Supreme Court asking for death by firing squad, citing Johnson’s brain tumor, the AP reported. His lawyers argued the tumor could cause a painful death by lethal injection.
The court denied the request, saying that the state prohibits death by firing squad. They also refused to halt the execution based on concerns regarding the lethal injection drug.
Johnson has been on death row three times, according to the AP.
In 2001 Johnson was scheduled for the death penalty but the U.S. Supreme Court ruled that executing the mentally ill was unconstitutional. In 2003, a new hearing was given to Johnson, where he was again sentenced to death. The sentence was overturned by the state and in 2006, he again was sentenced to death.
Joseph Bukuras is a journalist at the Catholic News Agency. Joe has prior experience working in state and federal government, in non-profits, and Catholic education. He has contributed to an array of publications and his reporting has been cited by leading news sources, including the New York Times and the Washington Post. He holds a bachelor’s degree in political science from the Catholic University of America. He is based out of the Boston area.