Johnson v. State
| Docket Number: | 2002-KA-01800-COA Linked Case(s): 2002-CT-01800-SCT ; 2002-KA-01800-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 03-30-2004 Opinion Author: King, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Capital murder - Right to speedy trial - Weight of evidence Judge(s) Concurring: McMillin, C.J., Southwick, P.J., Bridges, Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 10-03-2002 Appealed from: Attala County Circuit Court Judge: Clarence E. Morgan, III Disposition: DEFENDANT FOUND GUILTY OF CAPITAL MURDER AND SENTENCED TO LIFE WITHOUT PAROLE District Attorney: Doug Evans Case Number: 2002-0067-CR |
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| Party Name: | Attorney Name: | |||
| Appellant: | Deondray Johnson |
DEONDRAY JOHNSON (PRO SE)
RAYMOND M. BAUM |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: W. GLENN WATTS |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Capital murder - Right to speedy trial - Weight of evidence |
| Summary of the Facts: | Deondray Johnson was convicted of capital murder and was sentenced to life imprisonment without parole. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Right to speedy trial Johnson argues that the court erred in overruling his motion to dismiss the case for violation of his right to a speedy trial. To determine if his constitutional right was violated, the court should consider the length of the delay, the reason for the delay, whether the defendant asserted his right, and any resulting prejudice. Since 614 days elapsed between Johnson’s arrest and trial, the delay is presumptively prejudicial. The only time that counts against the State is the period of time between Johnson’s indictment and the State’s retrieval of DNA evidence from him, a total of one hundred and sixty-four days. Johnson did not diligently pursue a speedy trial. Even though one of his witnesses died, Johnson fails to indicate the relevance of the testimony of this witness. Given the facts of this case, Johnson’s constitutional and statutory rights to a speedy trial were not violated. Issue 2: Weight of evidence Johnson argues that the lack of any eyewitnesses, physical evidence, or other tangible proof causes the verdict to be against the overwhelming weight of the evidence. The elements of robbery were established through the testimony of the Carroll County Sheriff who testified that Johnson’s neighbor turned over a plastic bag he found near his trailer which contained a .38 Rossi revolver handgun, some cash, food stamps and coin wrappers. The revolver was positively identified as belonging to the victim, and Johnson’s fingerprint was found on one of the food stamps from inside the bag. Johnson’s jeans had a spot of blood on the hem, and genetic material matching that of the victim was found on wood at the crime scene which was similar to wood found near Johnson’s home. This evidence was sufficient to support a verdict of guilty to capital murder with the underlying felony of robbery. |
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