Johnson v. Harrison
399 S.W.3d 348
| Tex. App. | 2013Background
- Johnson, a Texas inmate convicted in 1978 of aggravated rape and sentenced to 99 years, faces ongoing vexatious-litigant scrutiny under Chapters 11 and 14 of the Civil Practice and Remedies Code.
- He filed numerous writs of habeas corpus and mandamus petitions with the Court of Criminal Appeals (at least 24, last in 2012), all denied or dismissed.
- He also filed extensive civil litigation across Texas appellate courts beginning in 1989, with a 156th District Court vexatious-litigant finding in Bee County in 2001 and a prefiling order requiring permission from a local administrative judge.
- By 2012, Texarkana Court of Appeals documented multiple appellate proceedings arising from Johnson’s vexatious-litigant status, underscoring a pattern of meritless, harassing filings.
- In the Ellis County case at issue, Johnson’s suit against Jana Harrison and Laronna Peeples was dismissed for failure to obtain prefiling permission; he appealed, and the court dismissed the appeal as frivolous, imposing sanctions and forgoing certain fees.
- The opinion authorizes forfeiture of Johnson’s good time credits under Texas Government Code § 498.0045(b) and directs notification to the Texas Department of Criminal Justice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the appeal is frivolous under § 498.0045 | Johnson contends the Bee County order is void | Peeples argues the appeal is frivolous given prior denials | Yes; appeal frivolous and sanctions imposed |
| Whether Johnson could reasonably expect reversal | Johnson argues potential reversal of due process concerns | Same issues previously decided against Johnson | No; no reasonable expectation of reversal |
| Whether sanctions including forfeiture of good time are authorized | Johnson challenges sanctions | Court sanctioned for frivolous filing | Authorized; good-time forfeiture and costs imposed |
Key Cases Cited
- Johnson v. Lynaugh, 766 S.W.2d 393 (Tex. App. – Tyler, 1989) (rehearing overruled; early procedures establishing abuse controls)
- Johnson v. Franco, 893 S.W.2d 302 (Tex. App. – Houston [1st Dist.], 1995) (unpublished aspects cited; authority on frivolous filings and sanctions)
- Johnson v. Sloan, 320 S.W.3d 388 (Tex. App. – Amarillo, 2010) (sanctions and vexatious-litigant context in appellate review)