Johnson v. State
288 Ga. 771
| Ga. | 2011Background
- Johnson was convicted of malice murder, two counts of felony murder, armed robbery, two counts of aggravated assault, possession of a knife during a crime, two counts of financial transaction card fraud, and recidivism in connection with the death of George Ponder.
- The victim was found dead in his locked home; his throat was cut and his cell phone was near the body.
- Evidence showed Johnson used the victim's debit card and cell phone following the murder, and video at ATMs showed withdrawals with the victim's card.
- DNA on a pair of white tennis shoes recovered from Johnson's apartment matched the victim; Johnson had given inconsistent statements about his whereabouts.
- The trial court denied Johnson’s new-trial motion; the jury heard circumstantial evidence linking Johnson to the crimes, with the armed-robbery theory contested.
- The Georgia Supreme Court affirmed some convictions and reversed the armed-robbery conviction due to lack of proof of force in the taking.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of circumstantial evidence | Johnson asserts evidence fails to exclude all reasonable hypotheses of innocence. | State contends circumstantial evidence suffices under Jackson v. Virginia. | Sufficient to support most convictions; armed robbery reversed. |
| Armed robbery conviction sufficiency | Johnson argues the debit-card theft occurred before/after the murder; force not proven. | State asserts evidence shows concurrent taking with force or after, supporting armed robbery. | Armed robbery reversed due to insufficient proof of force contemporaneous with taking. |
| Hearsay testimony at trial | Johnson challenges admissibility of Wilson's testimony about Persley's statements. | State asserts error, if any, was harmless and cumulative. | Hearsay error deemed harmless because cumulative of Persley’s own testimony. |
Key Cases Cited
- Roper v. State, 263 Ga. 201, 429 S.E.2d 668 (1993) (circumstantial evidence standard; jury weight governs sufficiency)
- Jackson v. Virginia, 443 U.S. 307, 99 S. Ct. 2781, 61 L. Ed. 2d 560 (1979) (sufficiency review for criminal convictions based on evidence presented at trial)
- Hicks v. State, 232 Ga. 393, 207 S.E.2d 30 (1974) (armed robbery requires force/concomitant taking)
- Miles v. State, 261 Ga. 232, 403 S.E.2d 794 (1991) (timing of theft and use of force important in armed-robbery analysis)