Johnson v. State
294 Ga. 86
| Ga. | 2013Background
- Gregory Johnson was convicted by a jury of malice murder, armed robbery, and related theft offenses for the November 1, 2002 killing of bookstore owner Carol Lewis; jury recommended life without parole and the trial court imposed consecutive terms.
- Prosecution theory: Johnson waited until the victim was alone in her store, stabbed her, took distinctive rings and cash, and was later seen wearing the victim’s rings and offering them for drugs.
- Key eyewitness evidence: Harold Lewis (victim’s husband) testified the victim called him shortly before her death saying the “creepy guy” was in the store; Lewis later identified Johnson in a photographic array.
- Additional evidence admitted: testimony from other customers/employees about the victim saying a customer made her uncomfortable; a photographic lineup process; and similar-transaction evidence of a prior aggravated assault by Johnson on a woman at her workplace.
- Post-trial: Johnson moved for new trial alleging trial error and ineffective assistance; the trial court denied the motion and the Georgia Supreme Court affirmed.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Johnson) | Held |
|---|---|---|---|
| Sufficiency of evidence | Evidence (rings, statements, ID, circumstances) supports convictions | Guilt not proven beyond a reasonable doubt | Affirmed: evidence sufficient under Jackson v. Virginia |
| Admission of victim’s telephone statement to husband | Testimony admissible as necessity/residual hearsay exception and trustworthy | Hearsay (and Confrontation Clause) bar admission | Admitted; not barred — court finds necessity and trustworthiness; Confrontation claim waived/meritless |
| Admission of victim’s similar statements to others | Statements cumulative and harmless if erroneous | Statements were inadmissible hearsay | Harmless error (was cumulative of husband’s testimony) |
| Photographic identification procedure | Procedure not unduly suggestive; weight for jury | Suggestive group collaboration and single-photo viewing caused misidentification | Procedure not unduly suggestive; admission proper; credibility for jury |
| Admission of similar-transaction evidence (prior assault) | Admissible for bent of mind/identity due to common features | Improper propensity evidence; prejudicial | Admitted: trial court did not abuse discretion under applicable law |
| Confrontation Clause re: prior victim’s statements | Statements were nontestimonial (given to police during ongoing emergency) | Statements are testimonial and barred | Admitted: not testimonial under Davis v. Washington |
| Ineffective assistance of counsel | (State) Counsel’s choices reasonable trial strategy | Counsel failed to object to hearsay and prison-note testimony | Denied: objections would be meritless or strategy; Strickland standard not met |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (sufficiency of the evidence standard)
- Crawford v. Washington, 541 U.S. 36 (Confrontation Clause analysis for testimonial statements)
- Davis v. Washington, 547 U.S. 813 (test for testimonial statements vs. ongoing emergency)
- Strickland v. Washington, 466 U.S. 668 (two-prong ineffective assistance standard)
- Bunnell v. State, 292 Ga. 253 (necessity exception and trustworthiness for hearsay)