Johnson v. State
292 Ga. 22
Ga.2012Background
- Appellant Haskell Johnson was tried with Willingham and Frails for malice murder, felony murder, and firearm possession in connection with the March 4, 2000 shooting death of Ritchard Lewis.
- At trial, Johnson was convicted on all counts; Willingham and Frails faced related charges including firearm possession by a felon.
- Evidence showed Johnson and Willingham robbed the victim and shot him at a drug house; five .45 caliber casings were recovered at the scene.
- A .45 caliber handgun found in Johnson’s truck on March 5, 2000 was linked to the murder weapon by ballistic evidence.
- The State introduced evidence of two similar transactions (pre- and post-crime) to show course of conduct and bent of mind.
- Johnson’s felony murder conviction was vacated by operation of law; the life sentence for felony murder was vacated, leaving other convictions intact.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of similar-transaction evidence | Johnson challenges admission of Barr and Sumpter transactions as improper character evidence. | State argues similar acts show conduct, motive, and plan; sufficient similarity and relevance exist. | Admissible under proper purpose and similarity; trial court did not abuse discretion. |
| Jury instruction on vehicle possession inference | Instruction improperly allowed inference of possession of contents from possession of vehicle. | Instruction accurately reflected applicable law and evidence that Johnson possessed the murder weapon’s vehicle. | Correct adjustment of law; instruction proper. |
| Collateral estoppel regarding March 5 gun possession | State should relitigate Johnson’s possession of the murder weapon in trial for the murder. | Collateral estoppel should bar evidence if actually litigated and resolved in favor of Johnson. | Collateral estoppel claim properly denied due to lack of record to prove prior identical issue was litigated and decided. |
| Sufficiency and final disposition of felony murder | Evidence supported felony murder conviction as charged. | OCGA § 16-1-7 vacates the felony-murder alternative when malice murder is convicted. | Felony murder vacated by operation of law; remaining malice murder conviction stands. |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (sufficiency standard for evidence)
- Ashe v. Swenson, 397 U.S. 436 (U.S. 1970) (collateral estoppel governing relitigation of determined facts)
- Moore v. State, 254 Ga. 674 (Ga. 1985) (collateral estoppel requires actual record and litigated issues)
- Williams v. State, 261 Ga. 640 (Ga. 1991) (test for admissibility of similar transaction evidence)
- Whitehead v. State, 287 Ga. 242 (Ga. 2010) (similar transaction admissibility standards)
- Holloman v. State, 291 Ga. 338 (Ga. 2012) (legality of using other-crimes evidence for bent of mind and course of conduct)
- Brown v. State, 289 Ga. 259 (Ga. 2011) (law on jury inference from possession of a vehicle)
- Payne v. State, 248 Ga. App. 158 (Ga. App. 2001) (permissible inference from ownership/control of vehicle)
- Kidd v. State, 277 Ga. App. 29 (Ga. App. 2005) (the same vehicle-inference doctrine)
- Vega v. State, 285 Ga. 32 (Ga. 2009) (evidence sufficiency and credibility standards)
- Malcolm v. State, 263 Ga. 369 (Ga. 1993) (operation of law in double-counting felonies; OCGA § 16-1-7)