Jerry Johnson v. State
432 S.W.3d 552
| Tex. App. | 2014Background
- Johnson, step-grandfather, convicted of aggravated sexual assault of a child and two enhancements; sentenced to life and $10,000 fine.
- Tatiana Crawford testified she was assaulted by Johnson and witnessed her sister’s similar assault; they conspired not to tell.
- Tatiana later sought counseling for PTSD; expert Shumake diagnosed PTSD caused by sexual abuse and testified about PTSD symptoms.
- Johnson’s ineffective-assistance claims allege failure to object to Shumake’s PTSD testimony, testimony that abuse victims rarely fabricate, and elicitation of extraneous-offense evidence.
- Trial court allowed PTSD testimony as corroborative of abuse; defense objected to the latter but the court ruled otherwise; Johnson also challenged the door opened to prior convictions.
- The court affirmed, holding: (1) no proven ineffective-assistance, (2) no preserved prosecutorial-misconduct claim.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance—PTSD testimony objection | Johnson’s counsel failed to challenge Shumake’s PTSD testimony as invalid and unhelpful | Counsel acted within strategy; objections would have highlighted testimony | No deficient performance proven; record supports strategy and prejudice not shown |
| Ineffective assistance—testimony that children rarely fabricate | Shumake’s ‘rarely fabricate’ statement improperly bolstered credibility | Cross-examination strategy; no objecting error given record | No ineffective assistance; record supports trial strategy and preservation rules contemplate cautionary limits |
| Extraneous-offense evidence—opening the door | Defense opened door to Johnson’s prior theft convictions through Hutcheson’s testimony | Counsel acted to present limited character trait; actions were reasonable | Counsel's strategy within reasonable bounds; no deficient performance |
| Prosecutorial misconduct—preservation of error | State’s references to punishment and ranges improper; Rogers-type misconduct | Preservation required timely, specific objection; no timely objection for prosecutorial misconduct | Not preserved for review; error not cognizable on appeal |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (establishes two-prong ineffective-assistance standard)
- Robertson v. State, 187 S.W.3d 475 (Tex. Crim. App. 2006) (abrogates perfection standard; defers to trial strategy)
- Garcia v. State, 308 S.W.3d 62 (Tex. App.—San Antonio 2009) (premature opening of door to impeachment concerns)
- Fuller v. State, 224 S.W.3d 823 (Tex. App.—Texarkana 2007) (expert credibility testimony; preservation considerations)
- Yount v. State, 872 S.W.2d 710 (Tex. Crim. App. 1993) (limits on expert opinion on truthfulness)