Johnson v. State
293 Ga. 641
| Ga. | 2013Background
- Johnson, a felon, was convicted of felony murder and possession of a firearm by a convicted felon.
- The murder involved a confrontation with the victim after domestic-tension-related stalking and a fight between associates.
- The State argued there was no self-defense; the jury was authorized to reject self-defense despite some dispute about the victim’s gun.
- The firearm-for-felon charge merged with the felony-murder conviction, requiring vacatur of the firearm-possession conviction.
- Trial and appellate proceedings included challenges to jury voir dire, opening statements, and admissibility of certain prior-act evidence; conviction affirmed in part and vacated in part.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Merger of firearm possession with felony murder | Johnson argues the firearm-possession conviction merged with felony murder. | State concedes and Johnson agrees on merger; correct disposition requires vacatur of the firearm conviction. | Yes; firearm-possession conviction merged; vacatur affirmed. |
| Challenge to traverse-jury array when clerks exempted jurors | Johnson contends the array was improperly formed due to clerks excusing jurors without documentation. | State maintains there was a written order and nonuniform exemptions did not contaminate the array. | No reversible error; proper safeguards and record support a valid array. |
| Right to public voir dire vs. need for candor | Robertson’s public-trial requirement should apply to voir dire; private questioning violated public access. | Voir dire was conducted in presence of defense counsel; limited public access to protect juror candor. | Robertson inapposite; restrictions permissible to protect fair trial and candor. |
| Prosecutor's burden-shifting in opening statement | Opening statement allegedly burden-shifted to defense. | Defense failed to timely object; state appropriately framed burden and court instructed no defense burden. | Waiver and no reversible error; no improper burden-shifting. |
| Admission of Tolbert-beat evidence (identity/intent) | Evidence of Tolbert beating the appellant’s brother was improperly admitted to prove intent. | Evidence admissible to show identity, bent of mind, course of conduct, and intent; similar enough to be probative. | Admissible; relevant to identity and intent; harmless in light of other testimony. |
Key Cases Cited
- Yates v. State, 274 Ga. 312 (2001) (written-order requirement for excusing jurors; array integrity)
- Young v. State, 290 Ga. 392 (2012) (examines impact of excusals on jury representativeness)
- Franklin v. State, 245 Ga. 141 (1980) (statutory compliance in jury excusal procedures)
- Presley v. Georgia, 558 U.S. 209 (2010) (limits on public-voir-dire access balancing fairness and candor)
- Clark v. State, 271 Ga. 27 (1999) (jury may reject self-defense despite disputed evidence of victim’s weapon)
- Suits v. State, 270 Ga. 362 (1998) (necessity/limits of analog hearsay exceptions in trial)