Johnson v. State, 294 Ga. 610

On November 10, 2007, Dykeith Williams was fatally shot and Roderick Devance was shot at Williams’s apartment. Appellant Brandon Johnson and his uncle Charles Ellery were charged in connection with the shootings.
At trial, evidence showed both men entered the apartment, pulled guns, ordered victims to the ground; Williams was found dead and Devance identified both defendants. Contact DNA on a handgun matched Ellery; a cell phone found nearby belonged to Johnson.
Johnson admitted he and Ellery were at the apartment, that he shot Williams, and that he dropped his cell phone while fleeing. Ellery also reportedly shot himself while fleeing.
Johnson was indicted on malice murder, felony murder, multiple aggravated assault counts, and firearm-possession counts; convicted on all counts, with sentences including life for malice murder and consecutive terms for other convictions.
At sentencing some counts were merged or vacated (felony murder vacated; certain aggravated-assault convictions merged); Johnson’s motion for new trial was denied and he appealed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether admission of similar-transaction evidence against Ellery required mistrial for Johnson	Admission of evidence about Ellery’s similar transaction prejudiced Johnson and warranted mistrial	Any error was harmless given overwhelming evidence of Johnson’s guilt (identification and admissions)	Denial of mistrial affirmed; any error was harmless and did not violate right to fair trial

Jackson v. Virginia, 443 U.S. 307 (establishes standard for sufficiency of evidence review)
Belton v. State, 270 Ga. 671 (discretionary standard for granting mistrial; mistrial required only if essential to fair trial)
Sears v. State, 292 Ga. 64 (harmless-error analysis for trial court evidentiary rulings)
Ellery v. State, 293 Ga. 881 (recitation of facts and evidence as viewed in light most favorable to the verdict)
Malcolm v. State, 263 Ga. 369 (principles governing merger of convictions at sentencing)