Johnson v. State
292 Ga. 785
| Ga. | 2013Background
- Johnson was convicted of malice murder in a Walton County jury trial following a 2009 incident.
- He challenged the court’s failure to charge voluntary manslaughter as a lesser included offense.
- He challenged cross-examination about his pretrial statement and silence after arrest.
- He challenged admission of testimony claiming Johnson’s involvement in a marijuana transaction as improper character evidence.
- The State argued sufficiency of the evidence supported the murder verdict and that any error was harmless.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether voluntary manslaughter should have been charged | Johnson | Johnson | No error; no slight provocation evidenced |
| Whether cross-examination about failure to come forward was improper | Johnson | Johnson | Waived; or alternatively proper under State v. Stringer |
| Whether marijuana‑transaction testimony was admissible as res gestae | Johnson | Johnson | Admissible as part of res gestae; harmless error if any |
| Whether the evidence was sufficient to convict | State | Johnson | Evidence was sufficient to support a murder conviction |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. Supreme Court (1979)) (sufficiency standard for convicting beyond a reasonable doubt)
- Glover v. State, 291 Ga. 152 (Ga. 2012) (alignment of sufficiency with Georgia standards)
- Merritt v. State, 292 Ga. 327 (Ga. 2013) (voluntary manslaughter instruction when slight provocation present)
- Howard v. State, 288 Ga. 741 (Ga. 2011) (limits on provocation and voluntary manslaughter guidance)
- Robinson v. State, 129 Ga. 336 (Ga. 1907) (early precedent on provocation and manslaughter)
- Stringer v. State, 285 Ga. 842 (Ga. 2009) (contemporaneous objection rule and cross-examination disclosures)
- Kendrick v. State, 287 Ga. 676 (Ga. 2010) (limits on silence impeachment and cross-examination)
- Collins v. State, 289 Ga. 666 (Ga. 2011) (harmless error when overwhelming evidence exists)
- Pearson v. State, 277 Ga. 813 (Ga. 2004) (weighing cross-examination and sufficiency in light of overwhelming evidence)
- Roberts v. State, 282 Ga. 548 (Ga. 2007) (res gestae admissibility and relevance)
- Johnson v. State, 264 Ga. 456 (Ga. 1994) (res gestae conceptual framework and admissibility)
- Walker v. State, 282 Ga. 703 (Ga. 2007) (harmless error analysis for evidentiary claims)