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Johnson v. State

Supreme Court of Georgia
May 10, 1990
391 S.E.2d 113 (Ga. 1990)

Opinion

S90A0581.

DECIDED MAY 10, 1990.

Murder, etc. Bibb Superior Court. Before Judge Wilcox.

Faulkner Russell, Randall D. Russell, Sr., for appellant.

Willis B. Sparks III, District Attorney, Thomas J. Matthews, Assistant District Attorney, Michael J. Bowers, Attorney General, C. A. Benjamin Woolf, for appellee.


This is the second appearance of this case. In Johnson v. State, 259 Ga. 428, 429-30 ( 383 S.E.2d 115) (1989), the Court remanded the case for an evidentiary hearing on Johnson's ineffective-assistance-of-counsel claim. Johnson contends his counsel had been ineffective due to the failure to introduce the victim's criminal record and as well as the reputation for violence of certain members of the victim's party. On remand, the trial court conducted an evidentiary hearing and denied Johnson's claim. We affirm.

A review of the hearing transcript reveals abundant evidence to support the trial court's holding. Johnson raises several allegations of deficient performance, but he then fails to show how this supposed deficient performance prejudiced his defense. He fails to show how certain evidence, if his trial counsel had discovered it, would have been admissible and would have affected the outcome. Therefore, he has failed to meet this prong of the two-prong test of effectiveness of counsel. Wadley v. State, 258 Ga. 465, 466 (3) ( 369 S.E.2d 734) (1988); see Allen v. State, 260 Ga. 147 ( 390 S.E.2d 848) (1990).

Judgment affirmed. All the Justices concur.

DECIDED MAY 10, 1990.


Summaries of

Johnson v. State

Supreme Court of Georgia
May 10, 1990
391 S.E.2d 113 (Ga. 1990)
Case details for

Johnson v. State

Case Details

Full title:JOHNSON v. THE STATE

Court:Supreme Court of Georgia

Date published: May 10, 1990

Citations

391 S.E.2d 113 (Ga. 1990)
391 S.E.2d 113

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