KANSAS CITY, Mo. — The Missouri Supreme Court denied a stay of execution in the Kevin Johnson case, a move that will allow his execution to move forward.
Last month, Johnson's attorneys and a special prosecutor filed the motion seeking to prevent the execution from moving forward.
In a 5-2 per curiam, the Missouri high court overruled both motions.
The court ruled that neither Johnson's lawyer nor the special prosecutor claimed he was innocent.
Instead, Johnson's lawyers argued there was a constitutional error in his case, which had previously been considered and rejected.
Johnson is set to be executed Tuesday.