Johnson v. State
306 Ga. App. 844
Ga. Ct. App.2010Background
- Johnson was convicted by jury of family violence battery arising from an altercation with Kai Dyer on September 29, 2008.
- During trial, Johnson left the courtroom without permission on the first day; he was later sentenced to 20 days in jail for contempt for absenting himself.
- The trial court reserved sentencing on the family violence battery conviction until after Johnson served the contempt sentence, and sentenced him to 12 months for family violence battery at a later hearing in February 2009.
- Appointed appellate counsel filed a motion for new trial asserting general grounds and ineffective assistance; Johnson was released from prison, missed the March 17 and March 20, 2009 hearings, and the motion was dismissed as waived.
- Johnson moved for reconsideration of the dismissal on May 12, 2009; the court denied on May 29, 2009 because it could not proceed without Johnson’s presence.
- Johnson appeals the new-trial dismissal, the contempt conviction/sentence, and the dismissal of his new-trial motion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the new-trial dismissal proper due to absence? | Johnson's absence did not waive the right to a hearing on the motion. | The absence foreclosed the evidentiary hearing and justified dismissal. | Remanded for a hearing on the new-trial motion; presence not required to waive the motion itself. |
| Is Johnson's appeal of the contempt moot after service of the sentence? | Contempt conviction remains appealable despite service. | Once the sentence is served, the appeal is moot. | Contempt appeal is moot upon service of the 20-day sentence. |
| Are Johnson's remaining arguments ripe for review given the above? | Other issues should be considered on the merits. | Procedural rulings render other issues premature. | Premature to address remaining issues at this time. |
Key Cases Cited
- Rankin v. State, 278 Ga. 704 (2004) (trial-rights do not extend to post-verdict procedures like new-trial motions)
- Herring v. Herring, 236 Ga. 43 (1976) (appeal moot if contempt sentence satisfied and no continuing consequences)
- Moore v. State, 254 Ga. 525 (1985) (due process allows denial of presence at post-verdict hearings)
- Rosser v. State, 284 Ga. 335 (2008) (defendant's presence at motion hearings not constitutionally required)
- Mantooth v. State, 303 Ga. App. 330 (2010) (presence rights at post-verdict hearings address due process)
- In re Hatfield, 290 Ga. App. 134 (2008) (commentary on mootness and post-contempt consequences)
- In re Hughes, 299 Ga. App. 66 (2009) (attorney-paid contempt fine; continued relevance of consequences)