Johnson v. State
| Docket Number: | 2006-KA-01783-COA Linked Case(s): 2006-KA-01783-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 09-18-2007 Opinion Author: Lee, P.J. Holding: AFFIRMED |
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| Additional Case Information: |
Topic: Simple assault on law enforcement officer - Continuance - Rebuttal witness - Sufficiency of evidence Judge(s) Concurring: King, C.J., Myers, P.J., Irving, Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ. Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 08-28-2006 Appealed from: Lincoln County Circuit Court Judge: Michael Taylor Disposition: CONVICTED OF SIMPLE ASSAULT ON A LAW ENFORCEMENT OFFICER AND SENTENCED TO FIVE YEARS, WITH FOUR YEARS TO SERVE IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS AND ONE YEAR POSTRELEASE SUPERVISION AND ORDERED TO PAY A $1,000 FINE District Attorney: Dee Bates Case Number: 06-108LT |
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| Party Name: | Attorney Name: | |||
| Appellant: | Kendrix B. Johnson |
DAVID FITZGERALD LINZEY |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL |
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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: | Simple assault on law enforcement officer - Continuance - Rebuttal witness - Sufficiency of evidence |
| Summary of the Facts: | Kendrix Johnson was convicted of simple assault on a law enforcement officer. Johnson was sentenced to five years. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Continuance On the morning of trial, Johnson asked the trial court to allow him to obtain alternate trial counsel and to subpoena more witnesses. He now argues that the court erred in failing to grant him a continuance. To preserve this issue for appeal, Johnson was required to include the denial of the continuance in his motion for new trial. Johnson’s post-trial motion did not mention this denial. In addition, merely claiming that there might be other witnesses to support Johnson’s theory of the case is insufficient to amount to a manifest injustice from the denial of the continuance. Issue 2: Rebuttal witness Johnson argues that the court erred in allowing a rebuttal witness to testify. Rebuttal testimony is proper if the testimony and its reception will not consume so much additional time as to give undue weight in practical probative force to the evidence so received; the opposite party would be substantially able to meet the evidence by surrebuttal as if the testimony were offered in chief; and the opposite party upon request is given the opportunity to reply by surrebuttal. Here, the testimony of the witness consisted of less than half a page in the transcript of the trial and Johnson had an opportunity to cross-examine the witness, but did not, and was given proper notification of his testimony prior to trial. Therefore, the trial judge did not abuse his discretion in allowing the rebuttal testimony. Issue 3: Sufficiency of evidence Johnson argues that the evidence was insufficient to support the guilty verdict, because the State’s witnesses offered inconsistent and conflicting testimony. Two witnesses testified as to what transpired in Johnson’s cell, that Johnson attacked them when one of the men tried to enter his cell. Thus, there was sufficient evidence for the jury to find Johnson guilty of simple assault on a law enforcement officer. |
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