The state argues in its filing that Toforest Johnson’s attorneys haven’t proven their argument, which is that the key witness in the 1998 murder conviction testified in hopes of securing a $5,000 reward from the governor.
The state argues in its filing that Johnson’s attorneys haven’t proven their argument, which is that the key witness in the 1998 murder conviction testified in hopes of securing a $5,000 reward from the governor. Additionally, Marshall’s office states, the lawsuit “does not raise an issue of extraordinary public importance or any compelling circumstances.”
Johnson, now 50, was eventually convicted of capital murder in the case and sent to Alabama Death Row. He is currently housed at William C. Holman Correctional Facility in Atmore, where he is awaiting an execution date.The conviction was based largely on claims from Ellison. She told police that, while listening in on phone calls made by her daughter to the Jefferson County Jail, she overheard a man who identified himself as “Toforest” confess to the shooting. She didn’t know Johnson.
Johnson’s lawyers weren’t told about the payment and didn’t conclusively know about it until seeing that check. The state argued in its filing to the high court last week that Carr’s brief “does not raise any issues of national importance or point to the existence of a conflict.”
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