Johnson v. State

25 Citing cases

  1. Rolland v. State

    321 Ga. App. 661 (Ga. Ct. App. 2013)   Cited 6 times
    Holding that the trial court's remarks aimed at preventing a witness from speculating did not violate OCGA § 17-8-57

    It is true that OCGA § 17–8–57 is violated when “the court's comment assumes certain things as facts and intimates to the jury what the judge believes the evidence to be.” (Citation and punctuation omitted.) Johnson v. State, 222 Ga.App. 722, 727(6), 475 S.E.2d 918 (1996). “Courts of this State have always recognized, however, that a statement by a trial court concerning a fact that is uncontested or is not in dispute does not constitute a violation of this statute.”

  2. Bibb v. State

    315 Ga. App. 49 (Ga. Ct. App. 2012)   Cited 7 times
    Calling into question whether an issue is properly raised by the enumerations of error where the issue is only mentioned within an argument on a separate enumeration of error

    But this evidence, like the other similar transaction evidence, shows a lustful disposition toward preteen and teenaged girls, and for that reason, it was properly admissible. See Johnson v. State, 222 Ga.App. 722, 724(2), 475 S.E.2d 918 (1996) (photographs illustrated lustful disposition and propensity for sexual activity involving children). The admission of the photographs and the testimony about them also was no abuse of discretion.

  3. Wood v. State

    264 Ga. App. 787 (Ga. Ct. App. 2003)   Cited 6 times

    Strickland v. Washington, 466 U.S. 668 ( 104 S.Ct. 2052, 80 LE2d 674) (1984); Ney v. State, 227 Ga. App. 496, 499(4) ( 489 S.E.2d 509) (1997).Johnson v. State, 222 Ga. App. 722, 728(9) ( 475 S.E.2d 918) (1996).Ney, supra.

  4. Frazier v. State

    583 S.E.2d 188 (Ga. Ct. App. 2003)   Cited 7 times

    See OCGA § 16-6-4(c) (defining aggravated child molestation). See Johnson v. State, 222 Ga. App. 722, 727-728(9) ( 475 S.E.2d 918) (1996). (b) According to Frazier, his trial counsel was ineffective for failing to call his brother, who could have provided an alibi for the similar transaction.

  5. Wright v. State

    259 Ga. App. 74 (Ga. Ct. App. 2003)   Cited 21 times
    Permitting charge of sexual battery against adult daughter to be included along with charges of child molestation involving grandson, as alleged battery showed defendant's “bent of mind and pattern of conduct against members of his family”

    " The trial court did not abuse its discretion in admitting the challenged evidence. Johnson v. State, 222 Ga. App. 722, 725(3) ( 475 S.E.2d 918) (1996). 2.

  6. Nickerson v. State

    248 Ga. App. 829 (Ga. Ct. App. 2001)   Cited 25 times

    Nickerson's claim was presented to and ruled upon by the trial court, whose finding of effectiveness must be upheld unless clearly erroneous. Johnson v. State, 222 Ga. App. 722, 728 (9) ( 475 S.E.2d 918) (1996). In order to prevail on a claim of ineffective assistance of counsel, Nickerson must show both deficient performance and actual prejudice.

  7. Arnold v. State

    249 Ga. App. 156 (Ga. Ct. App. 2001)   Cited 33 times
    Affirming conviction for felony obstruction where defendant under arrest began kicking police car window and threatened to shoot officer the next time he saw him

    See id. See Johnson v. State, 222 Ga. App. 722, 729 (11) ( 475 S.E.2d 918) (1996). See Peeples v. State., 234 Ga. App. 454, 457-58 (4) ( 507 S.E.2d 197) (1998).

  8. Turner v. State

    539 S.E.2d 553 (Ga. Ct. App. 2000)   Cited 13 times
    Holding that possession of explosive devices combined with handwritten notes indicating potential violent acts is sufficient to support a conviction of manufacturing a destructive device

    To establish a claim of ineffective assistance of counsel, [Turner] must show both that his trial counsel's performance was deficient and that counsel's deficiency so prejudiced his defense that a reasonable probability exists that the result of the trial would have been different but for that deficiency. Strickland v. Washington, 466 U.S. 668 ( 104 S.Ct. 2052, 80 L.Ed.2d 674) (1984). [Turner] must establish both the performance and the prejudice components of the Strickland test. Johnson v. State, 222 Ga. App. 722, 728 (9) ( 475 S.E.2d 918) (1996). "A conviction will not be reversed on the basis of ineffective assistance of counsel unless counsel's conduct so undermined the proper functioning of the adversarial process that the trial cannot be relied on as having produced a just result."

  9. Knight v. State

    528 S.E.2d 855 (Ga. Ct. App. 2000)   Cited 4 times

    To establish a claim of ineffective assistance of counsel, [Knight] must show both that his trial counsel's performance was deficient and that counsel's deficiency so prejudiced his defense that a reasonable probability exists that the result of the trial would have been different but for that deficiency. Strickland v. Washington . . . [Knight] must establish both the performance and the prejudice components of the Strickland test.Johnson v. State, 222 Ga. App. 722, 728 (9) ( 475 S.E.2d 918) (1996). The trial court's determination that an accused has not been denied effective assistance of counsel will be affirmed on appeal unless that determination is clearly erroneous.

  10. Willingham v. State

    527 S.E.2d 232 (Ga. Ct. App. 1999)   Cited 5 times

    [Willingham] must establish both the performance and the prejudice components of the Strickland test." Johnson v. State, 222 Ga. App. 722, 728 (9) ( 475 S.E.2d 918) (1996). To succeed in his claim, [Willingham] "must overcome the strong presumption that counsel's conduct falls within the broad range of reasonable professional conduct."