Whether the State of Missouri will deprive Williams of his life without due process by executing him after initiating and then terminating a special clemency evaluation process without completion

QUESTIONS PRESENTED The former Governor of Missouri granted Marcellus Williams an eleventh-hour stay of execution. By executive order, the Governor formed a special Board of Inquiry under Mo. Rev. Stat. §552.070, directed the Board to investigate Williams’ case, ordered the Board to issue a report and recommendation whether to grant clemency, and stayed Williams’ execution “until... the Governor makes a final determination” on clemency. Before the Board completed the process, however, the current Governor dissolved the Board and revoked the stay of execution. Williams’ execution is now set for September 24, 2024. The Supreme Court of Missouri held the Governor could terminate Williams’ special clemency proceedings because “a capital offender retains no protectible due process interest within the clemency process.” App. 14a. The court further held that the Governor could revoke the stay at “any time” as a matter of “discretion” because the stay of execution “create[d] no rights.” App. 7a. The questions presented are: 1. Whether the State of Missouri will deprive Williams of his life without due process by executing him after the Governor initiated a special process to evaluate Williams’ request for clemency, but the next Governor terminated that process before its completion. 2. Whether the State will deprive Williams of his life without due process by executing him when the Governor revoked his stay of execution without completing the State’s self-imposed conditions for lifting the stay. i