Johnson v. State
295 Ga. 615
Ga.2014Background
- Married for 48 years; volatile relationship and frequent fights.
- Morning of Oct. 31, 2009, an argument; son saw Johnson choking victim outside the house.
- Victim attempted to leave; victim's brother arrived; Johnson threatened to kill her after she called police.
- Johnson retrieved rifle and shot victim; rifle found in SUV; officer observed Johnson at a gas station.
- Interviews yielded admissions: Johnson claimed victim provoked, grabbed by the neck, shot fired as he moved toward her.
- Trial court instructed on felony murder with aggravated assault predicate; jury found Johnson guilty of felony murder and related charges; life sentence imposed; direct appeal followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether instruction on aggravated assault as predicate for felony murder was erroneous | Johnson argues instruction omitted alternate assault method (OCGA 16-5-20(a)(1)). | State contends no fatal variance; instruction sufficiently framed the issue. | No reversible error; failure not shown to affect outcome; plain error not established. |
| Whether trial counsel was ineffective for not objecting to the aggravated assault instruction | Ineffective assistance due to failure to object. | Counsel’s conduct did not prejudice outcome given other substantial evidence. | No ineffective assistance; no prejudicial impact demonstrated. |
| Whether counsel was ineffective for not requesting involuntary manslaughter as a lesser included offense | Admitting act created reckless conduct possible involuntary manslaughter charge. | Admission showed aggravated assault; no basis for involuntary manslaughter instruction. | No error; charge on involuntary manslaughter unwarranted. |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (sufficiency of evidence standard inter alia for guilty verdicts)
- Shaw v. State, 292 Ga. 871 (Ga. 2013) (four-pronged plain error test for instructional error)
- Barge v. State, 294 Ga. 567 (Ga. 2014) (ineffective assistance framework; prejudice required)
- Fouts v. State, 322 Ga. App. 261 (Ga. App. 2013) (no plain error; counsel not ineffective for omitting a charge)
- Brooks v. State, 262 Ga. 187 (Ga. 1992) (use of deadly weapon constitutes aggravated assault; negates involuntary manslaughter instruction)
- Rhodes v. State, 257 Ga. 368 (Ga. 1987) (analysis of when act places victim in fear; relationship to aggravated assault)