Johnson v. State
308 Ga. 141
Ga.2020Background
- Frederick Johnson Jr., a felony first-offender probationer, shot and killed Tyrell Jordan in June 2016 and was charged with murder and unlawful possession of a firearm by a felony first-offender probationer.
- Johnson asserted the shooting was justified self-defense under OCGA § 16-3-21(a); the State argued Johnson was categorically barred from claiming justification because possession of the firearm was a felony under OCGA § 16-11-131 and thus falls within OCGA § 16-3-21(b)(2).
- The trial court granted the State’s motion in limine (precluding a justification defense) and denied Johnson’s motion for pretrial immunity, ruling Johnson barred as a matter of law from claiming self-defense.
- Johnson appealed; the question presented was whether possession of a firearm by a convicted felon or felony first-offender probationer can be justified so that the possession is not a felony and thus does not trigger OCGA § 16-3-21(b)(2)’s bar to a self-defense claim.
- The Court examined the 2014 Safe Carry Protection Act (OCGA § 16-11-138), which provides that defense of self or others under OCGA § 16-3-21 is an "absolute defense" to violations of Title 16, Chapter 11, Article 4, Part 3 (which includes the felon-possession prohibition).
- The Supreme Court reversed the trial court and held that OCGA §§ 16-3-21(a) and 16-11-138 together can justify otherwise unlawful possession "when and to the extent" the accused reasonably believes possession is necessary; if possession is thus justified at the moment of use, the § 16-3-21(b)(2) bar does not apply. The case was remanded for further proceedings.
Issues
| Issue | Johnson's Argument | State's Argument | Held |
|---|---|---|---|
| Whether a felony first-offender probationer may assert a justification (self-defense) claim when he possessed and used a firearm | Possession can be justified by self-defense; OCGA § 16-11-138 makes defense of self an absolute defense to firearm-possession statutes, so possession during necessity is not felonious | Felon/probationer is generally precluded by OCGA § 16-3-21(b)(2) from claiming justification because unlawful possession of a firearm is itself a felony | Reversed trial court: if possession was justified under OCGA §§ 16-3-21 and 16-11-138 (i.e., necessary and reasonably believed so), the possession was not a felony at that moment and § 16-3-21(b)(2) does not bar a self-defense claim |
| Whether the trial court properly granted a motion in limine and denied pretrial immunity based on an absolute bar to justification | The Safe Carry Protection Act permits a temporal, necessity-limited justification of possession; pretrial immunity and the ability to present a defense should not be foreclosed if possession was justified at the time | The State maintained prior precedent (e.g., Woodard) precludes justification when possession is felonious | The Court held OCGA § 16-11-138 effectively expands justification to cover possession "when and to the extent" reasonably necessary, so the trial court erred in denying the defense as a matter of law; remanded for factfinding |
Key Cases Cited
- Woodard v. State, 296 Ga. 803 (2015) (held felonious possession by a felon/probationer precludes a § 16-3-21 self-defense claim unless the underlying possession itself is justified)
- Heard v. State, 261 Ga. 262 (1991) (earlier rule applying § 16-3-21(b)(2) only "where it makes sense"; later overruled by Woodard)
- Head v. State, 253 Ga. 429 (1984) (concurring view that a felon should not be denied self-defense solely due to momentary possession)
- Starks v. State, 304 Ga. 308 (2018) (recognizes that conduct otherwise felonious is not a crime if it is justified)
- Cauley v. State, 260 Ga. 324 (1990) (discussed the pre‑Safe Carry Protection Act "sudden emergency" standard for justifying otherwise unlawful firearm possession)
- Wells v. State, 200 Ga. App. 104 (1991) (noting OCGA § 16-3-21 addresses threats/uses of force and does not by its terms cover mere possession)