Johnson v. State
289 Ga. 532
| Ga. | 2011Background
- 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was no evidence that Johnson had been advised of the mandatory sentence prior to this time; the original plea offer was withdrawn per office policy that offers lapse after docket call.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)
