Johnson v. State
| Docket Number: | 2002-KA-00143-COA Linked Case(s): 2002-CT-00143-COA ; 2002-CT-00143-SCT ; 2002-CT-00143-SCT ; 2002-KA-00143-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 10-14-2003 Opinion Author: Myers, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Murder - Ineffective assistance of counsel - Cautionary instruction - Prosecutorial misconduct Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Chandler and Griffis, JJ. Concurs in Result Only: Irving, J. Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 11-14-2000 Appealed from: Rankin County Circuit Court Judge: Samac Richardson Disposition: MURDER-LIFE District Attorney: Rick Mitchell Case Number: 12183 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Michael J. Johnson |
MICHAEL J. JOHNSON (PRO SE)
DAN W. DUGGAN |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: JEFFREY A. KLINGFUSS |
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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: | Murder - Ineffective assistance of counsel - Cautionary instruction - Prosecutorial misconduct |
| Summary of the Facts: | Michael Johnson was convicted of murder and sentenced to life imprisonment. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Ineffective assistance of counsel Johnson argues that he received ineffective assistance of counsel for a number of reasons. He argues that his counsel failed to make a motion for a new trial or a motion for a JNOV. At trial, it was admitted that he was an accessory after the fact. By failing to make a post-trial motion, the judge was not provided an opportunity to reconsider whether the evidence was sufficient to support the charge of murder. Therefore, Johnson’s counsel’s performance was deficient. However, Johnson does not point to any facts in the record or make a persuasive argument that, had trial counsel made the appropriate post-trial motion, there was a substantial likelihood of a different outcome. Therefore, his claim fails. Johnson also argues that his trial counsel allowed the State to use statements he made to the police against him, and failed to attempt to suppress those statements. The decision of whether to attempt to suppress this statement falls within the realm of trial strategy. Johnson argues that it was improper for a lead pipe, similar to the murder weapon, to be introduced into evidence and that his trial counsel was ineffective for not objecting to it being introduced. The proper predicate was laid for this pipe to be entered into evidence, and the defense properly questioned the witness on whether any physical or forensic evidence linked the pipe to the murder. Johnson also disagrees with his trial counsel’s decision to not object to the admission of photographs taken at the autopsy. Not only are the photographs not particularly gruesome, but they have probative value in that they give the jury a better idea of the size of the wound and the force required to cause such a wound. Failing to object to these photographs was therefore not ineffective assistance of counsel. Issue 2: Cautionary instruction Johnson argues that he should have been granted a cautionary instruction regarding the testimony of his accomplice. A cautionary instruction is required where the State’s evidence rests solely on an accomplice’s testimony. That was not true here. Other witnesses testified that Johnson had bragged about the murder, and Johnson admitted to this during police interrogation. Issue 3: Prosecutorial misconduct Johnson argues that by saying during his testimony that he was taking medication to help him sleep, the prosecutor was placed on notice of his mental incompetence. However, Johnson does not make any showing that any medication he was taking actually rendered him incompetent to assist his own defense. |
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