by The Associated Press

Story Published: Jan 15, 2008 at 3:36 PM CST

Story Updated: Jan 15, 2008 at 3:36 PM CST

By Gene Hartley

Court upholds death sentence, says defense must prove retardation JEFFERSON CITY, Mo. -- The state Supreme Court narrowly voted to uphold a death sentence for a man from Columbia who is convicted of killing three people. In a 4-3 ruling, the court said no state law requires prosecutors to prove a convicted person is not mentally retarded.
On the recommendation of a jury, a circuit judge gave Ernest Johnson three death sentences for killing three convenience store employees in 1994. On his third appeal, he argued prosecutors must prove he is not mentally retarded.

The majority opinion says defense attorneys must prove a defendant is mentally retarded. The U.S. Supreme Court ruled a couple of years ago that mentally retarded people can’t be executed.

The three dissenting judges said there should be a new death sentence hearing at which prosecutors would have to prove Johnson is not mentally retarded.

For more information, visit full ruling and dissenting opinion:

http://www.courts.mo.gov/courts/pubopinions.nsf/0f87ea4ac0ad4c0186256405005d3b8e/a2a3aa2eb24da5c4862573d000528ac8?OpenDocument

http://www.ky3.com/news/local/13811032.html