Johnson v. State
296 Ga. 504
| Ga. | 2015Background
- Around 3:30 a.m. on April 2, 2004, Craig Porter and his girlfriend Tiana Smith drove to buy crack; after being sold bad drugs earlier they intended to take drugs without paying.
- They encountered Brent Johnson, who led them to an apartment complex; Brent went inside and later Johnson (appellant) emerged with a gun and sold Smith a package of crack.
- As Porter attempted to drive away, Johnson shot into the car; Porter died from a gunshot to the back of the head and had an additional non‑fatal shot to his upper back. Smith survived and later identified Johnson in a photographic lineup.
- Investigators recovered shell casings near the apartment, drugs from the apartment frequented by Johnson and others, and witnesses (including an apartment occupant, Owens, and Brent) connected Johnson to the shooting.
- Johnson was indicted and convicted of malice murder and related offenses; he appealed, arguing insufficient evidence, improper expert testimony, an unduly suggestive photographic lineup, and ineffective assistance of counsel. The Supreme Court of Georgia affirmed.
Issues
| Issue | Johnson's Argument | State's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence | Physical evidence was lacking; eyewitnesses were inconsistent; other suspects existed | Witness testimony (Smith, Brent, Owens) and circumstantial evidence sufficed; credibility is for the jury | Affirmed: evidence sufficient when viewed in favor of verdict (Jackson standard) |
| Medical examiner testimony | ME opined beyond expertise about bullet rebound and seat/headrest gap | ME was qualified on ballistics‑related matters and testified to facts and hypothetical supported by photos | Affirmed: trial court did not abuse discretion admitting the testimony |
| Photographic lineup admissibility | Lineup was unduly suggestive and should have been suppressed | Record lacks the pretrial‑hearing transcript; no record evidence of suggestiveness; photo array was similar‑looking | Affirmed: no basis shown to overturn suppression ruling; jury to weigh ID credibility |
| Ineffective assistance of counsel | Trial counsel failed to object to two prosecutor comments in closing | Prosecutor’s remarks were permissible inferences from the evidence; objections were not required and no prejudice shown | Affirmed: counsel not shown deficient or prejudicial under Strickland |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency of the evidence)
- Strickland v. Washington, 466 U.S. 668 (ineffective assistance standard)
- Manuel v. State, 289 Ga. 383 (single witness sufficiency and corroboration weight)
- Williams v. State, 279 Ga. 731 (trial court discretion on expert testimony)
- Gibson v. State, 283 Ga. 377 (factors distinguishing suggestiveness from reliability of identification)
