Johnson v. State
307 Ga. App. 791
Ga. Ct. App.2011Background
- Johnson was convicted of aggravated assault after a jury trial in Georgia.
- The incident occurred July 25, 2007, in Kenbernika Little's mobile home, where Johnson forced entry and attacked Demetrius Lane with two knives.
- Lane and Johnson were dating Little; Lane was in a bedroom when Johnson arrived and insisted on being let inside.
- Johnson stabbed Lane multiple times, causing life-threatening injuries; Johnson fled and was later found hiding in a bedroom closet; blood-stained knives were found in Johnson's room.
- Johnson testified that Lane attacked him first, but three other witnesses testified Lane was unarmed and Johnson initiated the attack.
- On cross-examination, the state impeached Johnson with certified copies of his 2000 and 2002 felony convictions for aggravated assault, terroristic threats, and possession of a firearm by a convicted felon.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Improper standard for admitting prior convictions | Johnson | Johnson | Harmless error; admissibility error but not reversible |
| Harmlessness given overwhelming evidence | State | Johnson | Evidence overwhelming; conviction affirmed |
Key Cases Cited
- Abercrombie v. State, 297 Ga.App. 522, 677 S.E.2d 719 (Ga. Ct. App. 2009) (standard for impeachment of witnesses; weigh probative value against prejudice)
- Lawrence v. State, 305 Ga.App. 199, 699 S.E.2d 406 (Ga. Ct. App. 2010) (express findings required balancing probative value and prejudice)
- Quiroz v. State, 291 Ga.App. 423, 662 S.E.2d 235 (Ga. Ct. App. 2008) (factors in weighing impeachment evidence)