Supreme Court of Missouri / Jul 12, 2024
State of Missouri, Respondent, v. Marcellus Williams, Appellant.
Marcellus Williams filed a motion to withdraw a warrant of execution, arguing it was premature because the St. Louis County prosecutor had filed a motion to vacate his conviction and death sentence under § 547.031, RSMo. Williams contended this prosecutor's motion qualified as a "state post-conviction motion" by "the defendant" under Rule 30.30(c), which would bar the court from setting an execution date. The Missouri Supreme Court overruled Williams' motion, holding that Rule 30.30(c) refers only to post-conviction motions filed by the defendant, not by the prosecutor, and therefore the prosecutor's pending § 547.031 action does not prevent the court from setting an execution date.