DONALD HERB JOHNSON v. LAURA PLAPPERT, Warden - Articles

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DONALD HERB JOHNSON v. LAURA PLAPPERT, Warden

Posted by: Azya Thornton on Jan 9, 2026

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ARGUED: Dennis J. Burke, DEPARTMENT OF PUBLIC ADVOCACY, LaGrange, Kentucky, for Appellant.

Attorneys 2: ARGUED: Christopher Henry, OFFICE OF THE SOLICITOR GENERAL, Frankfort, Kentucky, for Appellee.

Attorneys 3: ON BRIEF: Dennis J. Burke, DEPARTMENT OF PUBLIC ADVOCACY, LaGrange, Kentucky, Jamesa J. Drake, DRAKE LAW LLC, Auburn, Maine, for Appellant.

Attorneys 4: ON BRIEF: Christopher Henry, OFFICE OF THE SOLICITOR GENERAL, Frankfort, Kentucky, for Appellee.

Judge(s): BATCHELDER, MURPHY, and MATHIS, Circuit Judges

Court Appealed: United States District Court for the Eastern District of Kentucky at Pikeville

MURPHY, Circuit Judge. Over 30 years ago, Donald Herb Johnson pleaded guilty to a brutal murder. He now claims that a Kentucky trial court failed to ensure he entered a knowing plea because it did not ask him if he knew that he was waiving his privilege against self- incrimination and right to a jury. He also claims that the trial court refused to consider all his mitigating evidence when sentencing him to death. But the Kentucky Supreme Court rejected both claims on the merits. To obtain habeas relief in federal court, then, Johnson must meet the demanding standards in the Antiterrorism and Effective Death Penalty Act (AEDPA). He has not done so. The Kentucky Supreme Court reasonably found that the record showed Johnson knew his rights. And the Kentucky trial court considered all of Johnson’s mitigating evidence; it just did not find that evidence persuasive. So the district court rightly denied Johnson’s habeas petition. We affirm.

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