State v. Johnson
305 Ga. 237
| Ga. | 2019Background
- On New Year’s Eve 2005, Brandon Scott was shot and killed during a car ride with John Johnson and others; Johnson was alleged to have pulled a gun and shot Scott multiple times.
- Albert Reaux (an alleged accomplice) later told his girlfriend that he and Johnson had killed Scott and that Johnson shot Scott; Reaux testified at trial.
- Johnson was convicted of felony murder and possession of a firearm during the commission of a felony; sentence included life plus a consecutive five-year term.
- Johnson moved for a new trial arguing the trial court erred by failing to instruct the jury on the statutory requirement that accomplice testimony in felony cases be corroborated (OCGA § 24-14-8).
- The trial court granted a new trial because it did not give the accomplice-corroboration charge; the State appealed that grant.
- The Georgia Supreme Court reviewed plain-error prongs and affirmed the trial court, concluding the absence of an accomplice-corroboration instruction was clear error likely affecting the outcome and seriously affecting the fairness of proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a jury instruction on accomplice corroboration was required when an accomplice’s testimony was introduced | State: not required if a non-accomplice witness introduces the accomplice’s statement implicating defendant | Johnson: required because Reaux’s testimony was the only evidence tying Johnson to the crime | Court: instruction was required; failure amounted to plain error and warranted new trial |
| Whether omission constituted plain error justifying reversal of convictions | State: omission was not clearly required; no plain error | Johnson: omission was clear, affected substantial rights, and undermined fairness | Court: omission met all four plain-error prongs; reversal affirmed |
Key Cases Cited
- Stanbury v. State, 299 Ga. 125, 786 S.E.2d 672 (clarifies that failure to give accomplice-corroboration instruction can require new trial when jury is otherwise authorized to convict on accomplice testimony alone)
- State v. Kelly, 290 Ga. 29, 718 S.E.2d 232 (sets four-prong plain-error test)
- Burns v. State, 342 Ga. App. 379, 803 S.E.2d 79 (explains accomplice corroboration rule in felony cases)
- Hamm v. State, 294 Ga. 791, 756 S.E.2d 507 (addresses jury’s role as sole arbiter of credibility and effect of improper instructions)
- Fisher v. State, 299 Ga. 478, 788 S.E.2d 757 (ineffective assistance where counsel declined to request accomplice-corroboration charge when accomplice was sole connector)