Johnson v. State

Trial counsel's decision not to introduce evidence of the victim's prior violent acts was reasonable in light of other evidence the state could present to show the victim's peaceful nature.

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Michael Johnson appeals from his convictions for felony murder and possession of a firearm during the commission of a crime, arising from the shooting death of Todd Brooks.1 Finding no merit to Johnson’s claims of ineffective assistance of counsel, we affirm. 1. The evidence at trial included the following. On the evening of November 22, 2006, Missy Brooks, the wife of the victim, was driving in her car with Shamain Grimes when she struck a deer. The Grimes and Brooks families were together that day, preparing for the Thanksgiving meal the next day. When Todd Brooks and Ted Grimes, Shamian’s husband, learned of the accident, they decided to look for the deer. Ted Grimes testified that the men did not see the deer along the side of the road and so they asked permission of the landowner, Johnson, to look farther off the road. According to Grimes, Brooks knew Johnson and the other resident of Johnson’s house, Roger Sturkey. Johnson agreed to help the two men find the deer and went to the back of the house to get his rifle, as Brooks and Grimes did not have a gun.

When Johnson stepped out, Rebecca Heacock, who was a life-long friend of the Brooks family, came into the room. Brooks told her she did not belong with Johnson, as she was 17 years old and Johnson was much older. Johnson then got in his truck, and Grimes, along with Brooks and Heacock, got into Grimes’s truck. They began driving around the property trying to locate the deer. Grimes testified that Brooks repeatedly told Heacock that she did not belong at Johnson’s house and that he wanted her to leave with him. After failing to find the deer, they drove back to Johnson’s house. Heacock then agreed to leave with them, but said she needed to get her pocketbook and other things from the house.

Johnson v. State

Trial counsel's decision not to introduce evidence of the victim's prior violent acts was reasonable in light of other evidence the state could present to show the victim's peaceful nature.

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