Johnson v. State
288 Ga. 803
| Ga. | 2011Background
- Johnson was convicted of malice murder and related offenses for the March 26–27, 2004 shooting death of Casimiro Ybarra in the Maple Creek Apartments.
- Mason, an accomplice and the witness, pled guilty to manslaughter and conspiracy and testified at Johnson's trial.
- Lemus, the victim's fiancée, testified about the events and described the shooter and the car circumstances; her testimony corroborated by a Mason friend.
- There was no forensic link tying Johnson to the crime; corroboration came from witness descriptions and association between Johnson and Mason.
- OCGA § 24-4-8 requires corroboration of an accomplice's testimony in felony cases when the accomplice is the sole witness, which the court applied.
- The jury asked questions about accomplices and the court provided instructions; a juror was dismissed during deliberations over Johnson's objection.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of accomplice corroboration | Johnson argues Mason's testimony alone was insufficient. | Johnson contends Lemus and others provide corroboration. | Corroboration sufficient under OCGA § 24-4-8. |
| Accomplice instruction and juror questions | Johnson objects to treatment of accomplice status and Starling reference. | State maintains proper instruction and no error. | No error in jury instructions on accomplice testimony. |
| Juror dismissal during deliberations | Johnson argues dismissal was improper. | State contends juror removal was lawful due to inability to follow instructions. | Juror dismissal proper; claim meritless. |
| Plain error for closing argument about not testifying | Johnson asserts prosecutorial plain error for comments on not testifying. | State notes lack of contemporaneous objection and no plain error review. | Plain error review unavailable; argument declined. |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (sufficiency of evidence standard for criminal convictions)
- Vega v. State, 285 Ga. 32 (Ga. 2009) (jury credibility resolves conflicts; corroboration not strict if witness corroboration is present)
- Benbow v. State, 288 Ga. 192 (Ga. 2010) (slight corroboration suffices when independent corroboration exists)
- Givens v. State, 227 Ga. App. 861 (Ga. App. 1997) (corroboration need not itself be sufficient to convict; it must link to guilt)
- Matthews v. State, 284 Ga. 819 (Ga. 2009) (trier of fact weighs corroborating evidence)
- Milton v. State, 248 Ga. 192 (Ga. 1981) (permissible to submit accomplice status questions to jury)
- Almand v. State, 149 Ga. 182 (Ga. 1919) (avoid giving opinion that a witness is an accomplice as a matter of law)
- Ladson v. State, 248 Ga. 470 (Ga. 1981) (authority for jury instruction on accomplice testimony and lack of error on failure to name a witness as an accomplice)