Johnson v. State, 302 Ga. 188

Craig Johnson was convicted of malice murder and related charges for the 2008 stabbing death of Nicole Judge; physical evidence and a videotaped custodial statement were admitted at trial.
The original verbatim trial transcript materials were destroyed in a fire at the court reporter’s home after trial; most physical exhibits survived.
The State produced a 14‑page double‑spaced narrative re-creation of the six‑day trial based on court notes, two prosecutors’ notes, and the trial judge’s recollection; trial counsel had died and did not assist substantially.
Johnson, represented on appeal by new counsel, moved for a new trial arguing the re-created transcript was inadequate to permit meaningful appellate review; the trial court approved the re-creation and denied the motion.
The Supreme Court of Georgia held the re-created transcript was insufficiently detailed (omitting objections’ bases, jury charge substance, cross‑examination detail, curative instructions, and more) and that this deprivation denied Johnson his right to meaningful appellate review.
Judgment reversed and a new trial ordered (the State may retry Johnson on convictions supported by sufficient evidence).

Issue	Plaintiff's Argument (State)	Defendant's Argument (Johnson)	Held
Adequacy of the re-created transcript for appeal	Re-creation is sufficient and reflects overwhelming evidence of guilt	Narrative is too cursory to permit identification/evaluation of trial errors	Re-creation is inadequate; new trial required
Reviewability of trial judge’s ruling on re-creation correctness	Trial judge’s decision on correctness is final and unreviewable	Completeness (sufficiency) is reviewable to protect right to appeal	Correctness ruling final; completeness is reviewable and here fails
Harmlessness given strength of evidence	Any errors would be harmless because evidence (esp. videotaped statement) is overwhelming	Cannot establish harmlessness because missing transcript prevents assessment of errors’ effect	Court cannot presume harmlessness absent a complete record; cannot speculate
Adequacy of State’s re-creation process under OCGA §5-6-41	State complied by producing narrative from available notes and judge’s recollection	State failed to pursue available measures (witness recollections, counsel input); transcript omits crucial particulars	State’s process was insufficient; narrative lacked required detail for appellate review

Wilson v. State, 246 Ga. 672 (defendant in felony case entitled to complete and correct transcript for appeal)
Sheard v. State, 300 Ga. 117 (missing transcript portions can warrant new trial when they prevent adequate appellate review)
Wade v. State, 231 Ga. 131 (State duty to file transcript in felony cases)
Jackson v. Virginia, 443 U.S. 307 (legal-sufficiency standard for evidence supporting conviction)
Hardy v. United States, 375 U.S. 277 (appellate counsel needs transcript of testimony and jury charge to perform duties)
Mosley v. State, 300 Ga. 521 (re-creation adequate where missing day reconstructed through live testimony and hearing)
Dunlap v. State, 291 Ga. 51 (identifies parts of trial not required in transcript for non-death felony cases)
Cole v. United States, 478 A.2d 277 (D.C. Ct. App.; granting new trial where re-created transcript was an insufficient summary)