Johnson v. State
292 Ga. 856
Ga.2013Background
- Johnson was convicted of felony murder predicated on second-degree child cruelty for the 2010 death of her three-year-old son Shane from methadone ingestion.
- Johnson called a nurse hotline and 911 after Shane became unresponsive; paramedics attempted CPR but Shane died at 5:35 p.m. and the cause of death was a fatal methadone dose.
- Johnson gave changing accounts to responders and investigators about the bottle, its storage, and Shane’s condition; her demeanor was described as calm, flat, and unemotional.
- A former boyfriend testified that Johnson had crushed a Xanax tablet and put it in Shane’s milk bottle.
- Evidence showed Shane was dead upon hospital arrival with a very low body temperature, supporting a four-to-six hour postmortem timeline.
- Johnson appealed, challenging sufficiency of evidence, evidentiary rulings, and trial counsel’s effectiveness; the trial court denied relief and this Court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence to convict felony murder | Johnson argues evidence does not prove criminal negligence. | State contends evidence supports willful, wanton disregard. | Evidence sufficient beyond reasonable doubt. |
| Admissibility of prior act testimony (Xanax in milk) | Tate’s testimony about Xanax shows Johnson’s intent/motive. | Evidence admissible to show relationship/motive; not overly prejudicial. | Court did not abuse discretion; testimony admissible. |
| Ineffective assistance for failing to object to medical examiner’s homicide remark and pre-autopsy photos | Counsel should have objected; prejudice possible. | Remarks were non-legal, photos were admissible to illustrate cause. | No deficient performance or prejudice; no reversible error. |
Key Cases Cited
- Jackson v. State, 443 U.S. 307 (U.S. Supreme Court 1979) (standard for sufficiency of evidence in felony murder cases)
- Kain v. State, 287 Ga. App. 45 (Ga. App. 2007) (criminal negligence from failure to supervise may sustain child cruelty)
- Dunn v. State, 292 Ga. 359 (Ga. 2013) (admissibility of prior acts evidence; relevance to motive/intent)
- Withers v. State, 282 Ga. 656 (Ga. 2007) (admissibility of prior acts to show state of mind)
- Wilcher v. State, 291 Ga. 613 (Ga. 2012) (pre-autopsy photographs admissible to illustrate cause of death)
- Roberts v. State, 282 Ga. 548 (Ga. 2007) (photographs generally admissible in homicide cases)
- Meeker v. State, 249 Ga. 780 (Ga. 1982) (pre-autopsy photography admissibility)
- Green v. State, 291 Ga. 579 (Ga. 2012) (Strickland ineffective assistance standard)
- White v. State, 281 Ga. 276 (Ga. 2006) (evidence sufficiency for felony murder)