On November 30, 1990, Johnson was convicted of
capital murder and sentenced to death. He later appealed his sentence by claiming his lawyer was manic-depressive and incapable of defending an accused murderer. His original lawyer's law license had also been suspended in 1993, after Johnson's conviction. The
Eighth Circuit Court of Appeals upheld the denial of Johnson's appeal. The court's March ruling acknowledged that Johnson's first lawyer might have been mentally ill during his trial, that he did not press hard to admit certain testimony, and that he behaved unprofessionally during jury selection. "We nevertheless are convinced that the governing law requires that this conviction and sentence be upheld", the judges wrote. "We deal in specific facts, not abstractions, and the petitioner has failed to show any reasonable likelihood that the outcome of this case would have been different even if his lawyer had conducted himself perfectly", the opinion said. ==Execution==