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Johnson v. State
289 Ga. 532
| Ga. | 2011
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Background

  • Johnson was indicted in 2003 for armed robbery, aggravated assault, and two burglary counts.
  • Public defender Dowdell initially handled the case; offer of 25 years was communicated to Lindsay and relayed to Johnson.
  • Casto replaced Dowdell; Johnson wanted trial and provided alibi names; alibi witnesses proved problematic to obtain.
  • Aug. 12 meeting revealed Casto could not present favorable alibi testimony; Johnson learned of a mandatory life without parole sentence if convicted on armed robbery.
  • There was no evidence that Johnson had been advised of the mandatory sentence prior to this time; the original plea offer was withdrawn per office policy that offers lapse after docket call.
  • Johnson rejected the offer, was tried, convicted, and received life without parole; he later moved for new trial citing ineffective assistance of counsel.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether trial counsel rendered ineffective assistance during plea bargaining. Johnson argues Casto failed to inform of consequences and to pursue plea negotiations. Casto and the State contend no deficiency or prejudice shown under Strickland. Yes; deficient representation proven and prejudiced; remand for further proceedings.

Key Cases Cited

  • Lloyd v. State, 258 Ga. 645, 373 S.E.2d 1 (1988) (counsel must inform client of plea offers and consequences)
  • Cleveland v. State, 285 Ga. 142, 674 S.E.2d 289 (2009) (plea bargaining is a critical stage; counsel must provide informed opinion)
  • Turner v. State, 49 S.W.3d 461 (Tex.App.2001) (last-chance opportunity; timely information matters)
  • United States v. Allen, 53 Fed.Appx. 367 (2002) (deficiency shown when counsel fails to inform of plea considerations)
  • Scott v. State, 302 Ga.App. 111, 690 S.E.2d 242 (2010) (policy-based plea deadline impacts prejudice analysis)
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Case Details

Case Name: Johnson v. State
Court Name: Supreme Court of Georgia
Date Published: Jun 13, 2011
Citation: 289 Ga. 532
Docket Number: S10G0617
Court Abbreviation: Ga.