Prosecuting Attorney, 21st Judicial Circuit re rel. Marcelus Williams v. State of Missouri, et al.

St. Louis, Missouri Prosecuting attorney represented the Plaintiff seeking dismissal of the charges filed against him and exoneration.

Despite nearly a quarter century of litigation in both state and federal courts, there

is no credible evidence of actual innocence or any showing of a constitutional error

undermining confidence in the original judgment. Like every other court that reviewed

every appeal and every habeas petition, the circuit court in this case correctly concluded

there is no basis for setting aside Marcellus Williams' conviction and sentence. By

proposing findings of fact and conclusions of law abandoning the claim of actual innocence

and not appealing the circuit court's merits determination, the St. Louis County Prosecuting

Attorney ("Prosecutor") irrefutably demonstrates what every court has found – that there

is no clear and convincing evidence that Williams is actually innocent.

Prosecutor appeals a civil judgment overruling his motion to set aside or vacate

Williams' first-degree murder conviction and death sentence pursuant to § 547.031, RSMo

Supp. 2021. The circuit court's judgment is supported by substantial evidence, is not

against the weight of the evidence, and does not erroneously declare or apply the law. The

judgment is affirmed.



An appeal from a judgment denying relief under § 547.031 does not automatically

stay an execution date. See State ex rel. Bailey v. Sengheiser, 692 S.W.3d 20, 24 (Mo. banc

2024) (holding this Court's rules do not provide for an automatic stay of a judgment

disposing of a § 547.031 motion). Williams filed a motion to stay his September 24, 2024,

execution date during the pendency of this appeal from the judgment overruling

Prosecutor's § 547.031 motion.1 Further, as explained in this Court's opinion, because this

Court rejects this appeal on the merits, the motion for stay of execution is overruled as

moot. Because Prosecutor failed to demonstrate by clear and convincing evidence

Williams' actual innocence or constitutional error at the original criminal trial that

undermines the confidence in the judgment of the original criminal trial, the judgment

overruling Prosecutor's § 547.031 motion is affirmed

Affirmed