Dexter Johnson v. State of Mississippi
196 So. 3d 973
| Miss. Ct. App. | 2015Background
- On August 1, 2005, Dexter Johnson approached Robert Hill Smith (who owed him money), forced Smith from a car at gunpoint, and took him away; Smith’s body was found the next day with multiple gunshot wounds.
- Johnson gave a recorded statement confessing to the shooting, later directing police to a firearm that matched shell casings at the scene.
- Johnson was charged with kidnapping and murder; a jury convicted him and the trial court sentenced him to 30 years for kidnapping and life without parole for murder.
- Posttrial, Johnson argued ineffective assistance of counsel and that the trial court abused its discretion by dismissing two jurors during trial.
- The trial record showed defense counsel withdrew a pretrial motion to suppress the taped confession as a trial strategy, used the confession to argue coercion at trial, and objected when one juror’s dismissal was proposed but not when another failed to appear.
Issues
| Issue | Johnson's Argument | State's Argument | Held |
|---|---|---|---|
| Whether counsel was ineffective for not litigating suppression of Johnson’s recorded statement | Counsel’s withdrawal of suppression motion was deficient and prejudiced the defense | Withdrawal was trial strategy; statement would likely not have been suppressed | No ineffective assistance; withdrawal was reasonable strategy and no prejudice shown |
| Whether counsel was ineffective for failing to move for a mistrial after two jurors were replaced | Failure to move for mistrial violated Sixth Amendment assistance guarantees | Replacement was within court’s discretion and no prejudice resulted | No ineffective assistance; no prejudice shown |
| Whether the trial court abused its discretion in dismissing Juror 10 (no-show) | Dismissal was improper | Juror failed to appear and was out of town | No abuse of discretion; reasonable to replace absent juror |
| Whether the trial court abused its discretion in dismissing Juror 3 (contact with defendant’s family) | Dismissal was improper; contact was minor (smile/brush) | Juror’s conduct and answers gave credence to possible partiality | No abuse of discretion; factual basis supported dismissal and no prejudice to defendant |
Key Cases Cited
- Collins v. State, 70 So. 3d 1144 (Miss. Ct. App. 2011) (standard for addressing ineffective-assistance claims on direct appeal)
- Cage v. State, 149 So. 3d 1038 (Miss. 2014) (direct-appeal ineffective-assistance claims allowed when record fully dispositive)
- McClendon v. State, 152 So. 3d 1189 (Miss. Ct. App. 2014) (preserve ineffective-assistance issues for post-conviction relief when record inadequate)
- Aguilar v. State, 847 So. 2d 871 (Miss. Ct. App. 2002) (same principle on record adequacy)
- Robinson v. State, 806 So. 2d 1170 (Miss. Ct. App. 2002) (failure to hold suppression hearing not ineffective where record does not show likely suppression)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two-prong test for ineffective assistance: deficient performance and prejudice)
- Harris v. State, 979 So. 2d 721 (Miss. Ct. App. 2008) (totality of circumstances governs counsel-performance review)
- Wynn v. State, 964 So. 2d 1196 (Miss. Ct. App. 2007) (trial strategy deference)
- Herrington v. State, 102 So. 3d 1241 (Miss. Ct. App. 2012) (presumption that counsel’s actions constitute reasonable strategy)
- Carr v. State, 873 So. 2d 991 (Miss. 2004) (trial decisions generally fall within strategic choices)
- McCoy v. State, 820 So. 2d 25 (Miss. Ct. App. 2002) (trial court discretion to replace jurors for cause; defendant must show prejudice)
- Stevens v. State, 513 So. 2d 603 (Miss. 1987) (trial judge discretion in juror dismissal)
- Smith v. State, 724 So. 2d 280 (Miss. 1998) (defendant entitled to fair and impartial jury, not particular juror)