Justin Davis Johnson v. State
452 S.W.3d 398
| Tex. App. | 2014Background
- Appellant Justin Davis Johnson was convicted by a jury of two aggravated assaults with a deadly weapon (firearm) and sentenced to 12 years and 6 years, to be served concurrently.
- The December 28, 2011 incident at a Hood County hunting lease involved Armstrong and Bolsinger; Johnson, after drinking, shot Armstrong and then pointed at Bolsinger seeking his vehicle keys.
- Indictment in March 2012 charged count 1 with causing serious bodily injury to Armstrong by shooting with a firearm and count 2 with threatening Bolsinger with imminent bodily injury while using a firearm.
- Trial spanned five days; the jury convicted on both counts; judgments imposed concurrent sentences as stated above.
- Johnson challenged (1) evidence supporting non-self-defense, (2) credibility in the Bolsinger testimony for count 2, (3) admission of Smithson and Frisbie as experts, (4) trial judge’s impartiality, and (5) denial of a voluntary intoxication instruction in punishment; the court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Self-defense legal sufficiency | Johnson asserts self-defense justified deadly force against Armstrong. | State contends evidence shows lack of self-defense beyond reasonable doubt. | Sufficient evidence supports rejection of self-defense; conviction affirmed. |
| Credibility of witness and sufficiency for count 2 | Johnson argues inconsistencies in Bolsinger’s account undermine proof. | State argues Bolsinger’s testimony alone suffices for conviction. | Credibility issues do not render evidence insufficient; Bolsinger’s testimony substantial. |
| Expert testimony and judge impartiality | Admission of Smithson and Frisbie violated confrontation rights and impartiality. | No reversible error; court properly admitted relevant testimony. | Waiver for confrontation rights; no reversible error; no due process violation by the judge. |
| Voluntary intoxication instruction | Court should have given voluntary intoxication mitigating instruction at punishment. | No evidence of temporary insanity; instruction not required. | No error in denying voluntary intoxication instruction; mitigation not supported. |
Key Cases Cited
- Zuliani v. State, 97 S.W.3d 589 (Tex. Crim. App. 2003) (burden-shifting in self-defense, production and persuasion)
- Brooks v. State, 323 S.W.3d 893 (Tex. Crim. App. 2010) (standard for assessing legal sufficiency on appeal)
- Saxton v. State, 804 S.W.2d 910 (Tex. Crim. App. 1991) (implicit rejection of self-defense where guilty verdict)
- Golden Eagle Archery v. Jackson, 116 S.W.3d 757 (Tex. Crim. App. 2003) (jury credibility and weight of witness testimony)
- Cosio v. State, 353 S.W.3d 766 (Tex. Crim. App. 2011) (fundamental error not shown by isolated evidentiary issue)