Russell Reed Johnson v. State
419 S.W.3d 665
| Tex. App. | 2013Background
- Complainant (13) went on a multi-day church-family trip with appellant Johnson and his family to Texas City in July 2009; they slept on a living-room mattress where Johnson sometimes lay between the complainant and his step-daughter.
- The complainant testified that across three nights Johnson placed his hand inside her shirt, touched her breasts, and on one night penetrated her vagina with his finger.
- Several witnesses (hosts, family members, appellant, and step-daughter) agreed Johnson slept on the mattress between the two girls at times; testimony differed on which nights and exact sleeping positions.
- The complainant delayed full disclosure for months, first telling her mother partially at the church after the trip, then later youth leaders and friends; mental-health and child-advocacy witnesses explained that delayed and partial disclosures are common.
- No physical injury or forensic evidence was found; medical testimony explained that a post-pubertal exam often shows no physical signs of digital penetration.
- A jury convicted Johnson of aggravated sexual assault of a child and sentenced him to seven years; on appeal he argued legal insufficiency due to inconsistencies, lack of corroboration, and no physical evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Legal sufficiency of evidence to support aggravated sexual assault of a child | State: Complainant's testimony alone (age 13) is sufficient under art. 38.07; jurors may believe her despite inconsistencies | Johnson: Testimony is uncorroborated, inconsistent, and lacks physical evidence — creates reasonable doubt | Affirmed: Viewing evidence in the light most favorable to verdict, jurors could rationally find guilt beyond a reasonable doubt |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (constitutional standard for reviewing sufficiency of the evidence)
- Williams v. State, 235 S.W.3d 742 (Tex. Crim. App. 2007) (appellate sufficiency-review framework)
- Brooks v. State, 323 S.W.3d 893 (Tex. Crim. App. 2010) (discussion on legal vs. factual-sufficiency standards)
- Ervin v. State, 331 S.W.3d 49 (Tex. App.—Houston [1st Dist.] 2011) (court's choice to stop factual-sufficiency reviews in criminal cases)
- Tibbs v. Florida, 457 U.S. 31 (scope of appellate review regarding acquittal versus conviction)
- Traylor v. Goulding, 497 S.W.2d 944 (Tex. 1973) (role of appellate courts in reviewing sufficiency and ordering new trials)
