Johnson v. State
289 Ga. 498
| Ga. | 2011Background
- Johnson and Teemer planned to rob a motel guest; they obtained a gun from co-defendant Jackson and used a shirt to cover Teemer's face.
- Johnson changed clothes; both men confronted the victim, who was armed, during the attempted robbery.
- The victim and Teemer were shot and killed; Johnson later told a friend they were 'fixing to go hit a lick' when the plan went awry.
- Johnson gave a recorded statement to police admitting involvement; the statement was admitted at trial.
- Evidence included Johnson’s participation as a party to the crimes, with the jury receiving instructions on related theories of liability.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of intent to rob underlying felonies | Johnson as co-party intended to rob with deadly weapon. | Insufficient proof of specific intent to rob underlying felonies. | Sufficient evidence to support intent to rob with deadly weapon. |
| Admissibility of Johnson's incriminating statement | Statement voluntary and properly admitted after Miranda warnings. | Statement was unlawfully admitted due to coercion/lack of voluntariness. | Statement properly admitted; voluntariness confirmed. |
| Juror dismissal after voir dire | Court properly dismissed juror with undisclosed conflicting information. | Removal was improper and biased the trial. | Court acted within discretion; no reversible error. |
| Hearsay objection to neighbor's statements | Neighbor testimony corroborates other evidence; admissible as prior testimony. | Neighbor's statements were hearsay without proper basis for exception. | Trial court erred; error harmless given other strong evidence. |
| Admissibility of the brown jumpsuit | Jumpsuit properly admitted as identifiable physical evidence. | Lack of chain of custody undermines admissibility. | Admissible; material identification and non-fungible nature made chain-of-custody unnecessary. |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. Supreme Court 1979) (standard for appellate review of sufficiency of evidence)
- Holliman v. State, 257 Ga. 209, 356 S.E.2d 886 (Ga. 1987) (felony murder requires intent to commit underlying felony)
- Woodard v. State, 269 Ga. 317, 496 S.E.2d 896 (Ga. 1998) (prior consistent statements admissible only when witness veracity is in issue)
- Cuzzort v. State, 254 Ga. 745, 334 S.E.2d 661 (Ga. 1985) (prior consistent statements not admissible to bolster credibility absent issue to veracity)
- Brooks v. State, 281 Ga. 14, 635 S.E.2d 723 (Ga. 2006) (juror dismissal discretion; broad statutory authority)