Johnson v. State
290 Ga. 382
| Ga. | 2012Background
- 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)
