Randy Wayne Johnson v. State of Tennessee
E2017-00075-CCA-R3-PC
| Tenn. Crim. App. | Dec 12, 2017Background
- Randy Wayne Johnson was convicted after a bench trial of especially aggravated kidnapping and two counts of aggravated assault arising from an incident in which he struck his girlfriend, Brooke Thornburg, repeatedly in a truck, threatened her with a knife, and led officers on a high-speed chase; he received an effective 25-year sentence.
- At trial the State relied on Thornburg’s testimony, a 9-1-1 recording of her screaming during the assault, visible facial injuries and a neck mark, and an officer’s recovery of a folding knife from the truck floorboard.
- Johnson pleaded guilty to several related charges in a companion case but contested especially aggravated kidnapping at trial; his direct appeal affirmed the kidnapping conviction.
- Johnson filed a timely pro se petition for post-conviction relief alleging ineffective assistance of trial counsel; the petition was amended and an evidentiary hearing was held.
- At the post-conviction hearing Johnson argued counsel was ineffective for failing to (1) obtain police cruiser video of the pursuit, (2) call Kevin Stover as a defense witness, and (3) pursue DNA testing on the knife; trial counsel testified about strategic decisions and limited discovery showing no cruiser video or usable blood on the knife.
- The post-conviction court denied relief after finding counsel’s preparation and strategic choices reasonable, the petitioner failed to prove prejudice, and Johnson did not present Stover or any purported video at the evidentiary hearing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial counsel was ineffective for failing to obtain police cruiser video | Johnson: Video might contradict State’s timeline or show less culpable driving and would have aided defense | State: No showing video existed; even if it did, it likely would only show the chase and not affect kidnapping proof | Denied — petitioner failed to prove video existed or that its absence prejudiced the outcome |
| Whether counsel was ineffective for not calling Kevin Stover as a witness | Johnson: Stover could have provided exculpatory testimony about events in the truck | State: Stover had credibility issues; counsel explored him and petitioner initially refused contact; petitioner did not present Stover at the hearing | Denied — speculative benefit; counsel reasonably declined given credibility risks and petitioner produced no proffer of Stover’s testimony |
| Whether counsel was ineffective for failing to perform DNA testing on the knife | Johnson: DNA testing could show knife not used on victim, undermining knife-threat element | State: No blood on the knife; testing unlikely to be helpful | Denied — counsel reasonably concluded testing was unnecessary and petitioner failed to show prejudice |
| Whether counsel’s overall performance was deficient and prejudicial | Johnson: cumulative failures amount to constitutionally deficient representation | State: Counsel met and prepared, made strategic decisions, and evidence against petitioner was overwhelming | Denied — no deficient performance or reasonable probability of a different outcome established |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (1984) (two-prong test for ineffective assistance: deficient performance and prejudice)
- Baxter v. Rose, 523 S.W.2d 930 (Tenn. 1975) (standard for competence of criminal counsel)
- Henley v. State, 960 S.W.2d 572 (Tenn. 1997) (post-conviction fact findings afforded deference)
- Kendrick v. State, 454 S.W.3d 450 (Tenn. 2015) (strong presumption counsel rendered adequate assistance; petitioner bears burden)
- Black v. State, 794 S.W.2d 752 (Tenn. Crim. App. 1990) (petitioner must present at hearing witnesses he claims counsel failed to discover or call)
- Adkins v. State, 911 S.W.2d 334 (Tenn. Crim. App. 1994) (court will not second-guess reasonable trial strategy)