Johnson v. State
70 So. 3d 262
| Miss. Ct. App. | 2011Background
- Johnson was found guilty of depraved-heart murder and sentenced to life in the MDOC; this Court previously affirmed the conviction in 2006.
- Johnson filed a post-conviction relief motion after permission from the Mississippi Supreme Court; the trial court ordered the State to respond within 60 days.
- Johnson moved for recusal, asserting the trial judge’s impartiality; the judge denied the recusal motion.
- An evidentiary hearing on the post-conviction relief motion was held; three eyewitnesses testified, with credibility evaluated by the judge.
- The trial court denied Johnson’s post-conviction relief request; this appeal followed, challenging both the denial and the recusal ruling.
- The Mississippi Court of Appeals affirmed, holding no error in the denial of post-conviction relief or in denying the recusal motion; the judgment was affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether recanted eyewitness testimony warrants a new trial. | Johnson argues recanted testimonies require new trial. | State contends recantations show only doubt, not inaccuracy. | No abuse of discretion; no basis for new trial. |
| Whether the trial judge erred in denying post-conviction relief based on recanted testimony. | Johnson asserts recanted testimony undermines trial credibility. | State asserts credibility determinations support denial. | Denied; no manifest error. |
| Whether the judge’s wording in the order shows partiality affecting recusal. | Johnson claims the order signals prejudice. | State argues order merely reflects jurisdictional procedure. | Without merit; no remedy for partiality. |
Key Cases Cited
- Smith v. State, 806 So.2d 1148 (Miss.Ct.App.2002) (standard for reviewing denial of post-conviction relief (clear error))
- Brown v. State, 731 So.2d 595 (Miss.1999) (de novo review for issues of law)
- Farrish v. State, 920 So.2d 1066 (Miss.Ct.App.2006) (abuse of discretion standard for recanted testimony)
- Henderson v. State, 769 So.2d 210 (Miss.Ct.App.2000) (trial court credibility determinations in post-conviction relief)
- Doss v. State, 757 So.2d 1016 (Miss.Ct.App.2000) (jurisdictional requirement for post-conviction relief via Supreme Court permission)
- Jones v. State, 841 So.2d 115 (Miss.2003) (standard for evaluating alleged judicial partiality; manifest abuse of discretion)