State v. Johnson, 824 S.E.2d 317 (Ga. 2019). · Go Syfert
State v. Johnson, 824 S.E.2d 317 (Ga. 2019). Cases Citing This Book View Copy Cite
102 citation events (102 in the last 25 years) across 2 distinct courts.
Strongest positive: Carter v. State (ga, 2023-11-07)
Treatment trajectory · 2019 → 2026 · click a year to view as-of
2019 2022 2026
Top citers, strongest first. 25 distinct citers. How cited ↗
examined Cited as authority (quoted) Carter v. State (4×) also: Cited "see"
Ga. · 2023 · signal: see · quote attribution · 2 verbatim quotes · confidence high
the third prong of the plain error test requires that the error must have affected the appellant's substantial rights, which in the ordinary case means he must demonstrate that it likely affected the outcome of the trial court proceedings.
examined Cited as authority (quoted) Williams v. the Stat (4×) also: Cited "see, e.g."
Ga. · 2023 · signal: see also · quote attribution · 2 verbatim quotes · confidence low
the third prong of the plain error test requires that the error must have affected the appellant's substantial rights, which in the ordinary case means he must demonstrate that it likely affected the outcome of the trial court proceedings.
examined Cited as authority (quoted) Willis v. State (4×) also: Cited "see, e.g."
Ga. · 2022 · signal: compare · quote attribution · 2 verbatim quotes · confidence low
because virtually all of the incriminating evidence flowed from , the outcome of the trial court proceedings was 'likely affected' by the trial court's failure to provide an accomplice corroboration instruction
examined Cited as authority (quoted) Johnson v. State (5×) also: Cited as authority (rule), Cited "see"
Ga. · 2021 · quote attribution · 2 verbatim quotes · confidence low
johnson iii
cited Cited as authority (rule) Williams v. State
Ga. · 2026 · confidence medium
Johnson, 305 Ga. at 239.
discussed Cited as authority (rule) BAKER v. THE STATE (Two Cases)
Ga. · 2024 · confidence medium
See, e.g., Palencia v. State, 313 Ga. 625, 627-628 (872 SE2d 681) (2022) (three alleged accomplices each indicted with the defendant and pleaded guilty to offenses he was also charged with); Jackson v. State, 314 Ga. 751, 751 n.1, 752, 755-757 (1) (879 SE2d 410) (2022) (three alleged accomplices each indicted jointly with the 16 defendant for the victim’s murder and pleaded guilty to aggravated assault as a lesser offense of felony murder); State v. Johnson, 305 Ga. 237, 237-238, 238 n.1, 240-241 (1) (824 SE2d 317) (2019) (alleged accomplice jointly indicted with the defendant for the victim…
examined Cited as authority (rule) Durden v. State (3×)
Ga. · 2024 · signal: cf. · confidence medium
Cf. Johnson, 305 Ga. at 241 (holding that trial court’s failure to give accomplice-corroboration charge likely affected trial’s outcome where “virtually all of the incriminating evidence flowed from” accomplice).
discussed Cited as authority (rule) McCalop v. State (2×)
Ga. · 2023 · confidence medium
Regarding McCalop’s contention that the trial court erred in permitting Dr. Hamel to testify that BPS had no scientific basis, although we have serious doubts that there was error, let alone an 25 error that was clear and obvious, we need not consider that question because McCalop has failed to satisfy the third prong of the plain- error test: that any “error must have affected the appellant’s substantial rights, which in the ordinary case means [she] must demonstrate that it likely affected the outcome of the trial court proceedings.” State v. Johnson, 305 Ga. 237, 240 (1) ( 824 SE2d …
examined Cited as authority (rule) Payne v. State (4×) also: Cited "see, e.g."
Ga. · 2022 · confidence medium
“Instead, the existence of any such fact must also be supported either by the testimony of an additional witness or by other, independent evidence that corroborates the accomplice’s testimony.” State v. Johnson, 305 Ga. 237, 240 ( 824 SE2d 317 ) (2019) (citation and punctuation omitted).
examined Cited as authority (rule) Palencia v. State (4×)
Ga. · 2022 · confidence medium
See, e.g., Pindling v. State, 311 Ga. 232, 237 (2) ( 857 SE2d 474 ) (2021); Doyle v. State, 307 Ga. 609, 613-615 (2) (b) ( 837 SE2d 833 ) (2020); State v. Johnson, 305 Ga. 237, 239-241 ( 824 SE2d 317 ) (2019). 6 Although V.
discussed Cited as authority (rule) Ash v. State (2×)
Ga. · 2021 · confidence medium
State v. Johnson, 305 Ga. 237, 240 (824 SE2d 317) (2019).
discussed Cited as authority (rule) Bedford v. State (2×)
Ga. · 2021 · confidence medium
See OCGA § 24-14-8; State v. Johnson, 305 Ga. 237, 240 (824 SE2d 317) (2019). “[I]t is well settled that an accomplice’s testimony may be corroborated by the testimony of another accomplice.” Jordan v. State, 307 Ga. 450, 455 (3) (836 SE2d 86) (2019).
discussed Cited as authority (rule) Rice v. State (2×)
Ga. · 2021 · confidence medium
See Doyle, 307 Ga. at 613 (2) (b); State v. Johnson, 305 Ga. 237, 240 (824 SE2d 317) (2019); Stanbury v. State, 299 Ga. 125, 131 (2) (786 SE2d 672) 5 We note that neither the District Attorney nor the Attorney General defend the trial court’s sua sponte waiver ruling. 8 (2016).
examined Cited as authority (rule) Pindling v. State (4×)
Ga. · 2021 · confidence medium
See, e.g., Doyle v. State, 307 Ga. 609, 613 (2) (b) (837 SE2d 833) (2020); State v. Johnson, 305 Ga. 237, 240 (824 SE2d 317) (2019).
discussed Cited as authority (rule) Martin v. State
Ga. · 2019 · confidence medium
Here, Martin’s claim fails because she has not demonstrated that the exclusion of this evidence affected her substantial rights; in other words, she has not demonstrated that such exclusion “likely affected the outcome of the trial court proceedings.” State v. Johnson, 305 Ga. 237, 240 ( 824 SE2d 317 ) (2019).
discussed Cited as authority (rule) Jackson v. State
Ga. · 2019 · confidence medium
Unlike in cases where we have found the absence of an accomplice- corroboration instruction to be plain error, see, e.g., State v. Johnson, 305 Ga. 237, 240 ( 824 SE2d 317 ) (2019); Stanbury v. State, 299 Ga. 125, 130 ( 786 SE2d 672 ) (2016), in this case the trial court did not instruct the jury that the testimony of a single witness is generally sufficient to establish a fact, thereby inviting the jury to convict solely on the basis of the accomplice’s testimony.
examined Cited "see" Finney v. State (4×)
Ga. · 2021 · signal: see · confidence high
See State v. Johnson, 305 Ga. 237, 238 ( 824 SE2d 317 ) (2019) (rejecting the State’s argument that “an [accomplice-corroboration] instruction . . . is not clearly required where a witness other than the accomplice introduces an accomplice’s statement implicating defendant’s guilt”).
discussed Cited "see" State v. Newman (2×)
Ga. · 2019 · signal: see · confidence high
See *682 State v. Johnson , 305 Ga. 237 , 824 S.E.2d 317 (2019).
discussed Cited "see" State v. Newman (2×)
Ga. · 2019 · signal: see · confidence high
See State v. Johnson, 305 Ga. 237, 239 ( 824 SE2d 317 ) (2019).
discussed Cited "see, e.g." FLAKES v. THE STATE (Two Cases)
Ga. · 2026 · signal: see also · confidence low
See also State v. Johnson, 305 Ga. 237 , 239 n.5 (2019) (reviewing de novo a trial court’s grant of a new trial when the motion-for-new- trial court found error in the trial court’s jury instructions). (a) At the outset of trial, Williams, speaking on his own behalf, raised a concern about King having “a conflict of interest.” Williams explained: “She used to be my public defender back in ‘13, but how can she be my DA now.
discussed Cited "see, e.g." FLAKES v. THE STATE (Two Cases)
Ga. · 2026 · signal: see also · confidence low
See also State v. Johnson, 305 Ga. 237 , 239 n.5 (2019) (reviewing de novo a trial court’s grant of a new trial when the motion-for-new- trial court found error in the trial court’s jury instructions). (a) At the outset of trial, Williams, speaking on his own behalf, raised a concern about King having “a conflict of interest.” Williams explained: “She used to be my public defender back in ‘13, but how can she be my DA now.
discussed Cited "see, e.g." Stitts v. State
Ga. · 2025 · signal: compare · confidence medium
Compare Hawkins v. State, 304 Ga. 299, 303 (2018) (although failure to give accomplice- corroboration charge was clear or obvious error, it did not likely affect the outcome of the trial because, outside of the accomplice’s testimony, “there was significant and consistent evidence” that specifically connected the defendant to the crime), with State v. Johnson, 305 Ga. 237, 241 (2019) (“[B]ecause virtually all of the incriminating evidence flowed from [the accomplice], the outcome of the trial court proceedings was ‘likely affected’ by the trial court’s failure to provide an accom…
discussed Cited "see, e.g." Jason Lee Durham v. State (2×)
Ga. Ct. App. · 2022 · signal: see also · confidence medium
See also State v. Johnson, 305 Ga. 237, 240 ( 824 SE2d 317 ) (2019), citing OCGA § 24-14-8; Stanbury v. State, 299 Ga. 125, 129-130 (2) ( 786 SE2d 672 ) (2016); Burns v. State, 342 Ga. App. 379, 383 (1) ( 803 SE2d 79 ) (2017). 4 must demonstrate that it affected the outcome of the trial court proceedings.
discussed Cited "see, e.g." Doyle v. State (2×)
Ga. · 2020 · signal: see, e.g. · confidence medium
See, e.g., State v. Johnson, 305 Ga. 237, 239-240 ( 824 SE2d 317 ) (2019) (same instruction given); Lyman v. State, 301 Ga. 312, 318 (2) ( 800 SE2d 333 ) (2017) (same instruction given); Stanbury v. State, 299 Ga. 125, 129-130 (2) ( 786 SE2d 672 ) (2016) (single witness instruction given without language of “no legal requirement of corroboration”).
discussed Cited "see, e.g." State v. Beard (2×)
Ga. · 2019 · signal: see also · confidence low
See also State v. Johnson, 305 Ga. 237 , 239 n.5 ( 824 SE2d 317 ) (2019) (explaining that even though the trial court “purported to grant the motion on ‘discretionary grounds,’ the motion was actually granted on legal grounds,” changing the type of appellate review).
Retrieving the full opinion text from the archive…
STATE
v.
JOHNSON.
S18A1275.
Supreme Court of Georgia.
Feb 18, 2019.
824 S.E.2d 317
Patricia B. Attaway Burton, Deputy Attorney General, Paula Khristian Smith, Senior Assistant Attorney General, Christopher M. Carr, Attorney General, Department of Law, Paul L. Howard, Jr., District Attorney, Lyndsey Hurst Rudder, Deputy D.A., Marc A. Mallon, Senior A.D.A., Fulton County District Attorney's Office, Attorneys for the Appellant, Marilyn Primovic, Office of the Public Defender, Atlanta Judicial Circuit, Brian C. Tevis, Tevis Law Firm, LLC., Atlanta, Attorneys for the Appellee
Bethel.
Cited by 25 opinions  |  Published
4 passages pin-cited by 4 cases
Pinpoint authority: #29,573 of 633,719
Citer courts: Supreme Court of Georgia (8)
Bethel, Justice.

[*237] Following a trial resulting in a guilty verdict on charges arising out of the death of Brandon Scott and the trial court's grant of[*238] Appellee John Johnson's motion for new trial,[1] the State appeals.[2] At issue in this appeal is whether the trial court should have given an unrequested jury instruction on accomplice corroboration and whether a new trial should have been ordered. The State argues that a new trial should not have been granted because an instruction on accomplice corroboration is not clearly required where a witness other than the accomplice introduces an accomplice's statement implicating a defendant's guilt. In response, Johnson argues that a new trial is warranted because the testimony of his alleged accomplice was the only evidence establishing Johnson's participation in the crime, and, thus, the trial court plainly erred in failing to instruct the jury that accomplice testimony requires corroboration. We agree that the trial court should have instructed the jury on accomplice corroboration and affirm the trial court's grant of a new trial.

The record shows that on New Year's Eve 2005, Brandon Scott was riding in a car with Johnson and two other friends, Albert Reaux and Michael Williams. During the car ride, Johnson and Scott began arguing. During the course of the argument, Johnson pulled out a gun and shot Scott multiple times. The following morning, January 1, 2006, Scott was[*320] found on a porch dead from multiple gunshot wounds.[3]

Reaux's girlfriend testified that in the early morning hours following the shooting, Reaux knocked on her bedroom window and came inside. Reaux told her that he and Johnson had killed Scott, that Johnson had "turned around and shot [Scott]," and that they had pushed him from the car following the shooting.

[*239] Johnson was ultimately convicted of felony murder and possession of a firearm during the commission of a felony. Thereafter, Johnson moved for a new trial, arguing, among other things, that the trial court erred in not instructing the jury on corroboration of accomplice testimony as required by OCGA § 24-14-8. The trial court granted Johnson's motion for new trial on this ground, concluding that "the holding in Stanbury[[4] ] required the Court to grant Defendant's Motion for New Trial on discretionary grounds[[5] ] for failing to give the accomplice corroboration charge under OCGA § 24-14-8." On October 25, 2017, the trial court vacated the previously imposed sentences. This appeal followed.

1. In reviewing the trial court's grant of a new trial under the specific circumstances of this case, we consider whether the trial court correctly held that the omission in the jury charge here constituted plain error.[6] The test for plain error is comprised of four prongs.

First, there must be an error or defect-some sort of deviation from a legal rule-that has not been intentionally relinquished or abandoned, i.e., affirmatively waived, by the appellant. Second, the legal error must be clear or obvious, rather than subject to reasonable dispute. Third, the error must have affected the appellant's substantial rights, which in the ordinary case means he must demonstrate that it affected the outcome of the trial court proceedings. Fourth and finally, if the above three prongs are satisfied, the appellate court has the discretion to remedy the error-discretion which ought to be exercised only if the error seriously affects the fairness, integrity, or public reputation of judicial proceedings.

[*240] State v. Kelly , 290 Ga. 29, 33 (1), 718 S.E.2d 232 (2011). Johnson did not affirmatively waive this issue at trial, so the first prong is met.

As to the second prong of the plain-error test, the trial court's failure to provide a jury charge regarding accomplice corroboration was clear error not subject to reasonable dispute. "For an error to be obvious for purposes of plain error review, it must be plain under controlling precedent or in view of the unequivocally clear words of a statute or rule." (Citation and punctuation omitted.) Stanbury v. State , 299 Ga. 125, 129-130 (2), 786 S.E.2d 672 (2016).

OCGA § 24-14-8 provides that in "felony cases where the only witness is an accomplice, the testimony of a single witness shall not be sufficient" to establish a fact. "Nevertheless, corroborating circumstances[*321] may dispense with the necessity for the testimony of a second witness[.]" Id.

Under this rule, where an accomplice testifies at trial, a jury may not rely solely on that testimony to find any fact necessary to sustain the defendant's felony conviction. Instead, the existence of any such fact must also be supported either by the testimony of an additional witness or by other, independent evidence that corroborates the accomplice's testimony.

(Citations and punctuation omitted.) Burns v. State , 342 Ga. App. 379, 383 (1), 803 S.E.2d 79 (2017).

The trial court's instructions deviated from a legal rule, OCGA § 24-14-8, which "unequivocally" required corroboration of accomplice testimony in felony cases. Instead, the trial court charged the jury that "the testimony of a single witness, if believed, is generally sufficient to establish a fact. Generally, there is no legal requirement of corroboration of a witness provided that you find the evidence to be sufficient." By failing to give the required accomplice corroboration charge, the trial court did not provide the jury with proper guidelines for determining Johnson's guilt or innocence. This was clearly erroneous. "Furthermore, when, as here, the instructions the jury receives are infirm, the expected result is not enlightenment, but confusion." (Punctuation omitted.) Stanbury , 299 Ga. at 130 (2), 786 S.E.2d 672. Therefore, the second prong of the plain error test has been met.

The third prong of the plain error test requires that the error must have affected the appellant's substantial rights, which in the ordinary case means he must demonstrate that it likely affected the outcome of the trial court proceedings. See id. By failing to give the required accomplice corroboration charge,[*241] the trial court impermissibly empowered the jury to find Johnson guilty based solely on Reaux's accomplice testimony. See id. The jury, as the sole arbiter of credibility, was not properly instructed on the manner in which they needed to judge the evidence. See Hamm v. State , 294 Ga. 791, 798 (2), 756 S.E.2d 507 (2014). As a consequence, because virtually all of the incriminating evidence flowed from Reaux, the outcome of the trial court proceedings was "likely affected" by the trial court's failure to provide an accomplice corroboration charge to the jury, and a proper instruction would likely have resulted in a different verdict. See Stanbury , 299 Ga. at 131 (2), 786 S.E.2d 672.

Under the fourth plain error prong, an appellate court has the discretion to remedy the error upon a determination that "the error seriously affects the fairness, integrity, or public reputation of the judicial proceedings." Kelly , 290 Ga. at 33 (2) (a), 718 S.E.2d 232. In other words, we may use our discretion to correct errors where a miscarriage of justice would otherwise result. See id.

A trial court's failure to give an accomplice corroboration instruction when a defendant is affirmatively identified as the gunman in a murder based solely on accomplice testimony undermines the fairness of the proceedings, at least when coupled with the express authorization by the court for the jury to establish critical facts based solely on this testimony. In these circumstances, if a conviction could be affirmed in spite of the trial court erroneously providing a witness testimony instruction wholly opposite to an accomplice corroboration charge, an accused would have no way of knowing whether the jury secured his conviction through permissible means. In effect, laws and jury charges requiring accomplice corroboration would be meaningless.

(Emphasis in original.) Stanbury , 299 Ga. at 131 (2), 786 S.E.2d 672. With this guidepost in view, we hold that the error at issue here "seriously affect[ed] the fairness, integrity, or public reputation of the judicial proceedings." See Kelly , 290 Ga. at 33 (2) (a), 718 S.E.2d 232.

Because the trial court plainly erred when it failed to instruct the jury on the necessity of corroboration regarding Reaux's accomplice testimony, the trial court did not err in granting the motion for new trial. See Stanbury , 299 Ga. at 131 (2), 786 S.E.2d 672 (in the absence of a jury instruction on corroboration of accomplice testimony, trial court erred in not granting a new trial). Cf. Fisher v. State , 299 Ga. 478, 485-487 (2) (a), 788 S.E.2d 757 (2016) (trial counsel rendered ineffective[*322] assistance where he chose not to request a jury charge on accomplice[*242] corroboration where only one witness - the alleged accomplice - positively connected the defendant to the crime). We thus affirm the trial court's grant of a new trial.[7]

Judgment affirmed.

All the Justices concur.

1

Following the shooting death of Scott, Johnson was jointly indicted with Albert Reaux and Michael Williams for murder, felony murder (predicated on aggravated assault with a deadly weapon), aggravated assault with a deadly weapon, possession of a firearm by a convicted felon, and possession of a firearm during the commission of a felony. After a 2014 trial, a jury found Johnson guilty of both felony murder and malice murder, as well as aggravated assault with a deadly weapon and possession of a firearm during the commission of a felony. Johnson was acquitted of possession of a firearm by a convicted felon. The trial court sentenced Johnson to life imprisonment for the felony murder charge and a consecutive five-year term for the possession of a firearm during the commission of a felony charge. The trial court merged the malice murder and aggravated assault with a deadly weapon counts into the felony murder conviction. This was error, but harmless.

Johnson filed a motion for new trial on March 24, 2014, and an amended motion for new trial on February 16, 2016. The trial court granted the motion, as amended, on October 3, 2017, and on October 25, 2017, vacated Johnson's sentence. The State filed a timely notice of appeal, and this case was docketed in this Court for the August 2018 term. The appeal was submitted for decision on the briefs.

2

Johnson previously appealed the trial court's order denying his motion for appeal bond. This Court affirmed that order in Johnson v. State , 304 Ga. 369, 818 S.E.2d 601 (2018).

3

Scott was found on the porch of a house located on the same street as the house in which Reaux's girlfriend was then residing.

4

Stanbury v. State , 299 Ga. 125, 130-131, 786 S.E.2d 672 (2016).

5

Although the trial court purported to grant the motion on "discretionary grounds," the motion was actually granted on legal grounds, as the judge failed to give an instruction to the jury. Had the motion for a new trial been granted on general, or discretionary, grounds, we would review the trial court's judgment for a clear abuse of discretion. See State v. Holmes , 304 Ga. 524, 531 (3), 820 S.E.2d 26 (2018). Instead, we review de novo. State v. Kelly , 290 Ga. 29, 30-31, 718 S.E.2d 232 (2011).

6

OCGA § 17-8-58 (a) provides in relevant part that "[a]ny party who objects to any portion of the charge to the jury or the failure to charge the jury shall inform the court of the specific objection and the grounds for such objection before the jury retires to deliberate." OCGA § 17-8-58 (b) further provides that a failure to object as specified in subsection (a) "preclude[s] appellate review of such portion of the jury charge, unless such portion of the jury charge constitutes plain error which affects substantial rights of the parties." Johnson's counsel did not raise an objection to the trial court's failure to give a jury charge regarding accomplice corroboration at trial. The trial court analyzed the issue as one of ordinary error instead of plain error.

7

We again note that this case is before us on the State's appeal from the grant of a new trial. We need not review the trial court's determination that the evidence at the first trial was legally sufficient, and we express no opinion on that issue.