Johnson v. State
2011 Ind. App. LEXIS 1969
| Ind. Ct. App. | 2011Background
- A.J. was born in Sept 2008 to Johnson and Lori Record.
- January 12, 2009 counseling revealed Johnson’s fear of harming A.J.; bruising prompted CPS involvement.
- February 5, 2009 A.J. stopped breathing; Johnson performed CPR and called 911.
- Autopsy showed multiple blunt-force injuries; coroner concluded homicide.
- April 7, 2010 State charged Johnson with Class A neglect; Johnson pled to Class B; plea rejected; State amended indictment adding Count II alleging death by blunt-force trauma and an additional neglect charge.
- Trial on Count II occurred after severance; social worker testified about Johnson’s anger and potential harm to A.J.; jury convicted Johnson of Class A neglect; sentenced to 40 years.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Lesser-included offenses instructions denial | Johnson | State | No abuse of discretion; no serious evidentiary dispute on serious bodily injury element. |
| Admission of mental-health assessment statements | Johnson | State | No abuse of discretion; statements probative and not unfairly prejudicial under Rule 403/404. |
| Prosecutorial vindictiveness in amended Count II | Johnson | State | Not clearly erroneous; no vindictiveness shown; amendment timely after plea rejection. |
Key Cases Cited
- Aschliman v. State, 589 N.E.2d 1160 (Ind. 1992) (test for inherently or factually included lesser offenses)
- Lynch v. State, 571 N.E.2d 537 (Ind. 1991) (comparison of lesser-included offenses to charging instrument)
- Wright v. State, 658 N.E.2d 563 (Ind. 1995) (standard for when to give lesser-included offense instructions)
- Berry v. State, 704 N.E.2d 462 (Ind. 1998) (Rule 403 balancing for threats and related testimony)
- Williams v. State, 891 N.E.2d 621 (Ind. Ct. App. 2008) (instruction error reviewed as part of overall correctness)