History
  • No items yet
midpage
Johnson v. State
290 Ga. 382
| Ga. | 2012
Read the full case

Background

  • Johnson was convicted of malice murder, aggravated assault, and possession of a firearm during a felony for a 2008 shooting in Gwinnett County.
  • Evidence showed Johnson lured Gordon to an apartment complex to buy marijuana; Thomason was a passenger and was killed; Gordon was wounded.
  • A handgun was found in Thomason's coat; ballistics tied bullets to Johnson's revolver.
  • Gordon identified Johnson in a six-person lineup as the shooter; a cell phone linked to Johnson’s residence was recovered at the scene.
  • Todd testified Johnson admitted intent to rob for weed; he identified Johnson and the weapon as Johnson's.
  • Johnson argued ineffective assistance of counsel under Strickland; the trial court denied; on appeal the court affirmed his convictions.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Sufficiency of evidence Johnson argues the evidence was insufficient for conviction. State contends the evidence supports a rational juror’s finding of guilt beyond reasonable doubt. Evidence sufficient for guilt beyond a reasonable doubt.
Counsel's effectiveness—testimony decision impact Defense counsel’s incorrect advice about testifying compromised voluntary waiver and justification defense. Johnson made a knowing, intelligent choice not to testify; counsel’s alleged advice did not prejudice. No ineffective assistance; no prejudice shown.
Impeachment of Todd Counsel failed to impeach Todd with deals or reasons for handcuffs and pending convictions. Todd was a material witness with limited prospects of favorable treatment; impeachment beyond scope. No prejudice; failure to impeach didn’t affect outcome.
Impeachment of Gordon Counsel should have obtained certified convictions for Gordon to impeach credibility and questioned deals. Lack of timely certified copy; no deals or immunity; no prejudice shown. No ineffective assistance; no prejudice.
Prejudice under Strickland Cumulative deficiencies would have changed outcome. Deficiencies were not proven; speculative prejudice cannot satisfy Strickland. No Strickland prejudice; convictions affirmed.

Key Cases Cited

  • Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (sufficiency review standard)
  • Handley v. State, 289 Ga. 786 (Ga. 2011) (independently apply Strickland to facts)
  • Turpin v. Curtis, 278 Ga. 698 (Ga. 2004) (Strickland prejudice requires more than speculation)
  • Morgan v. State, 275 Ga. 222 (Ga. 2002) (burden on defendant to prove deficient performance)
  • Peterson v. State, 282 Ga. 286 (Ga. 2007) (counsel's discussion of impeachment evidence)
  • Goodwin v. Cruz-Padillo, 265 Ga. 614 (Ga. 1995) (speculation insufficient to prove prejudice)
Read the full case

Case Details

Case Name: Johnson v. State
Court Name: Supreme Court of Georgia
Date Published: Jan 23, 2012
Citation: 290 Ga. 382
Docket Number: S11A1479
Court Abbreviation: Ga.