Johnson v. State
289 Ga. 650
| Ga. | 2011Background
- Johnson led police on a high-speed chase in a stolen car on November 7, 2002, running red lights and colliding with a vehicle; Hairston died three days later from a blood clot related to injuries; evidence showed similar prior flight in a stolen vehicle within a year; the jury convicted Johnson of felony murder, theft by receiving stolen property, felony fleeing and attempting to elude, and aggravated assault; the trial court directed verdict on felony murder based on fleeing and eluding, and Johnson challenged multiple trial court instructions and evidentiary rulings.
- Evidence showed possession of a stolen automobile and ongoing flight created a foreseeable risk of death, supporting felony murder and aggravated assault convictions.
- Turner v. State established that a defendant need not have specific intent to injure for aggravated assault when the evidence supports a general intent to injure.
- The State argued the evidence was sufficient to prove felony murder based on aggravated assault and that stolen-vehicle possession can serve as a predicate for felony murder.
- The trial court’s re-charge on felony murder included a definition of collateral, which Johnson claimed diluted the nexus between the felony and homicide, but the court read the charge as a whole and no reversible error occurred.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence supports felony murder and predicates beyond a reasonable doubt | Johnson | Johnson | Yes; evidence sufficient under Jackson v. Virginia; possession of stolen auto and pursuit establish nexus. |
| Whether the collateral definition in the re-charge correctly stated nexus | Johnson argues the last recharge watered down nexus | State | No error; read as whole, pattern charge repeated; no improper dilution. |
| Whether a lesser-included vehicular homicide instruction was warranted | Johnson | Johnson | No error; directed verdict on greater offense foreclosed lesser offense consideration. |
| Whether the judge impermissibly commented on the evidence via directing verdict | Johnson | State | No error; curative instruction given; no improper expression of opinion. |
| Whether omission of simple assault definition in felony murder charge was error | Johnson | State | No error; simple assault defined within aggravated assault charge. |
Key Cases Cited
- Turner v. State, 281 Ga. 487 (2007) (predicates for felony murder and general intent analysis applied)
- Jackson v. Virginia, 443 U.S. 307 (1981) (sufficiency standard for analytical review)
- Durrance v. State, 250 Ga. App. 185 (2001) (general intent standard for aggravated assault)
- Hilton v. State, 288 Ga. 201 (2010) (proper analysis of jury instruction challenges)
- Patel v. State, 282 Ga. 412 (2007) (courts may cure minor charge defects with curative instructions)