101 So. 3d 717
Miss. Ct. App.2012Background
- Johnson convicted on two counts of murder and sentenced to life in MDOC for each count, concurrent.
- Shooting occurred in Summer Park Apartments, Jackson, Mississippi,May 30, 2009, killing Quintyn Wilson and Fred Smith.
- Josland Jackson, Wilson's pregnant girlfriend, testified Johnson threatened Wilson; Willie Wilson implicated Johnson.
- Willie testified Johnson planned robbery; Willie claimed Johnson shot the victims; weapon calibers differed from recovered gun.
- Johnson testified he was not present and that Willie acted in the shootings; jury convicted after five-day trial in June 2011; motions for new trial denied; convictions affirmed on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of gang-member testimony | Johnson argues admission was prejudicial | State contends testimony probative for motive/credibility | Admissible; probative value outweighed prejudice |
| Verdict against the weight of the evidence | Evidence insufficient to identify Johnson as shooter | Evidence shows Johnson and Willie involved; conflicts for jury to resolve | Not against the weight of the evidence; verdict affirmed |
Key Cases Cited
- McCray v. State, 44 So.3d 1046 (Miss.Ct.App.2010) (review of evidentiary rulings for abuse of discretion)
- Miller v. State, 996 So.2d 752 (Miss.2008) (discretion in admissibility of evidence)
- Goree v. State, 748 So.2d 829 (Miss.Ct.App.1999) (gang affiliation evidence requires proper foundation; balancing test)
- Hoops v. State, 681 So.2d 521 (Miss.1996) (limits on prejudicial impact when curative admonitions given)
- Lenox v. State, 727 So.2d 753 (Miss.Ct.App.1999) (cured prejudice where court admonished jury to disregard)
- Buckley v. State, 772 So.2d 1059 (Miss.2000) (admission of gang-related questioning not reversible when instruction given)
- Robert v. State, 52 So.3d 1233 (Miss.Ct.App.2011) (failure to redact certain statements not reversible under totality of circumstances)
- Lenard v. State, 77 So.3d 530 (Miss.Ct.App.2011) (jury presumed to follow trial court’s admonition to disregard prejudicial remarks)