State v. Johnson
2016 Ohio 8261
| Ohio Ct. App. | 2016Background
- On Aug. 10, 2015, a drive-by shooting in Alliance, Ohio left Cleve Johnson fatally wounded and Albert Magee seriously injured; witnesses identified Calvin R. Johnson, Chris “Chicago/Cuz” Burnette, and Corey Campbell as present.
- Sade Edwards drove the vehicle carrying Johnson, Burnette, and Campbell that night; she later testified and cooperated with police in exchange for a promised sentencing recommendation.
- Police recovered two operable 9mm handguns and a magazine under a porch where Edwards had said guns were discarded; shell casings from the scene matched the recovered firearms.
- Forensics: DNA from the Highpoint handgun and magazine was consistent with Burnette; one gun had a complex male DNA mixture; latent prints from Edwards’s vehicle matched Calvin Johnson and Corey Campbell.
- Johnson was tried separately from Burnette; a jury convicted Johnson of complicity to commit murder (with firearm spec.), two counts of complicity to commit felonious assault (with firearm specs), and tampering with evidence; aggregate sentence 28 years to life.
- On appeal Johnson raised six assignments of error (admission of verifier’s notation on fingerprint exam, judicial bias, officer vouching for Edwards, prosecutorial misconduct, ineffective assistance, and sufficiency/manifest weight).
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Johnson) | Held |
|---|---|---|---|
| Admissibility of fingerprint verifier notation / Confrontation | Admitting verifier notation was harmless; primary examiner testified and verification was routine protocol | Admission of non-testifying verifier’s notation violated Confrontation Clause and denied fair trial | Court: No plain-error shown; even if error, harmless beyond a reasonable doubt given other evidence — overruled. |
| Judicial bias from trial judge’s rulings during closings | Rulings were proper exercise of discretion; objections and instructions preserved fairness | Sustaining multiple State objections and overruling one defense objection showed bias denying fair trial | Court: No evidence of hostility/favoritism; presumption of judicial impartiality stands — overruled. |
| Officer testimony that Edwards initially lied / impermissible vouching | Officers’ testimony described investigative facts showing inconsistency; Edwards testified and was cross-examined | Officers impermissibly vouched for Edwards’s credibility, prejudicing Johnson | Court: Not plain error; victim testified and jury could assess credibility; any such testimony harmless — overruled. |
| Prosecutorial misconduct (questioning, verifier testimony, closing statements), and related ineffective assistance | Prosecutor’s questions and comments were within bounds; verifier testimony and officer testimony not prejudicial; defense strategy reasonable | Prosecutor misstated facts/law and elicited improper testimony; counsel ineffective for failing to object | Court: No prejudicial misconduct; isolated comments harmless; counsel not ineffective because no reasonable probability of different outcome — overruled. |
| Sufficiency and manifest weight of the evidence | State: eyewitness ID, fingerprints in car, recovered guns matching casings, admissions about discarding guns, DNA linking Burnette, and circumstantial inferences support convictions | Johnson: Evidence insufficient; credibility problems; other possible shooter scenarios and missing body-cam/witness testimony | Court: Viewing evidence favorably to prosecution, a rational juror could find guilt beyond a reasonable doubt; verdict not against manifest weight — overruled. |
Key Cases Cited
- State v. Rogers, 143 Ohio St.3d 385 (Ohio 2015) (forfeiture and plain-error standards)
- State v. Barnes, 94 Ohio St.3d 21 (Ohio 2002) (plain-error caution; Harmless-error principles)
- State v. Boston, 46 Ohio St.3d 108 (Ohio 1989) (limits on experts vouching for a complainant)
- State v. Jenks, 61 Ohio St.3d 259 (Ohio 1991) (circumstantial evidence and probative value)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (ineffective assistance two-prong test)
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (sufficiency standard)
- State v. Thompkins, 78 Ohio St.3d 380 (Ohio 1997) (manifest-weight standard)
- Eastley v. Volkman, 132 Ohio St.3d 328 (Ohio 2012) (appellate review of weight of the evidence)
- United States v. Olano, 507 U.S. 725 (U.S. 1993) (plain-error burden on defendant)