Joe Johnson v. State of Mississippi
191 So. 3d 732
| Miss. Ct. App. | 2015Background
- On March 1, 2013, 78‑year‑old Joseph Daly withdrew about $2,600 from a bank, later had approximately $2,200 taken at gunpoint in his car; the robber flashed a badge and fled in a white Chevrolet Monte Carlo.
- Bank surveillance photos showed a man in a distinctive dark jacket with white lettering; a witness saw a white Monte Carlo leaving the lot.
- Deputies, prompted by a BOLO, went to Joe Johnson’s home; Johnson initially hid but then consented to a search where officers found a matching jacket and two $100 bills hidden under a mattress.
- Vicki Reese (Johnson’s girlfriend) testified she retrieved roughly $2,200 Johnson had hidden, used $2,000 to post bond, and later took two handguns to another person at Johnson’s direction. Daly identified Johnson in a photo lineup and at trial.
- A jury convicted Johnson of armed robbery; he was sentenced to 25 years (5 suspended) plus fines and restitution. Johnson appealed after appointed counsel filed a Lindsey brief and he filed a pro se brief raising ineffective‑assistance (trial and appellate) and a cross‑examination claim.
Issues
| Issue | Johnson’s Argument | State’s Argument | Held |
|---|---|---|---|
| Ineffective assistance of trial counsel — failure to investigate/present witnesses and evidence | Trial counsel failed to investigate and present available evidence (Samone Blue, surveillance, jail phone logs/recordings) | Claims rest on facts not in record; should be raised in post‑conviction relief | Dismissed without prejudice on direct appeal; raise in PCR if desired |
| Ineffective assistance of trial counsel — procedural omissions (indictment file‑stamp) | Counsel should have moved to quash indictment because clerk didn’t stamp “filed” | Stamp omission was a formality; indictment otherwise dated, signed, and clear | No ineffective assistance; no prejudice |
| Ineffective assistance of trial counsel — failure to obtain ruling on motion in limine / exclude 404(b) evidence and deputy’s narrative | Counsel failed to secure on‑record ruling to exclude prior‑bad‑act or narrative evidence | Record contains no instance of such evidence being admitted to the jury | No merit; no prejudice shown |
| Ineffective assistance of appellate counsel — filing Lindsey brief | Appellate counsel was ineffective by filing a Lindsey brief instead of raising Johnson’s pro se issues | Counsel need not raise frivolous claims; Lindsey brief appropriate if no arguable issues exist | Counsel’s Lindsey brief proper; claim fails |
| Limitation of cross‑examination of Reese | Trial court improperly limited cross‑examination about Reese’s inconsistent statements and timing | Defense nonetheless elicited the key points; no on‑record adverse ruling obtained | Waived for failure to secure ruling; harmless if error |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (standard for ineffective assistance of counsel)
- Havard v. State, 928 So. 2d 771 (Miss.) (prejudice prong and fair‑trial standard)
- Sandlin v. State, 156 So. 3d 813 (Miss.) (limitations of addressing ineffective assistance on direct appeal)
- Lindsey v. State, 939 So. 2d 743 (Miss.) (permissibility of counsel filing a brief certifying no arguable issues)
- Foster v. State, 687 So. 2d 1124 (Miss.) (appellate counsel’s duties and standards)