Johnson v. State

924 S.W.2d 233, 325 Ark. 44, 1996 Ark. LEXIS 346
CourtSupreme Court of Arkansas
DecidedJune 10, 1996
DocketCR 95-1227
StatusPublished
Cited by21 cases

This text of 924 S.W.2d 233 (Johnson v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Johnson v. State, 924 S.W.2d 233, 325 Ark. 44, 1996 Ark. LEXIS 346 (Ark. 1996).

Opinion

ROBERT L. Brown, Justice.

Appellant Reginald Johnson appeals from an order denying his motion for a new trial on grounds of ineffective assistance of counsel. He urges two points in support of his appeal: (1) trial counsel was ineffective in fading to call witnesses to impeach the testimony of a primary state witness, Charlie Farmer; and (2) trial counsel prejudiced his case by failing to communicate plea options to him. We hold that the appeal is meritless, and we affirm.

Reginald Johnson was charged with first-degree murder in connection with the shooting death of Bruce Hatchett on February 15, 1994, in North Little Rock. The State produced the following testimony: Barbie J. Oliver testified that on the night Bruce Hatchett was killed, two men came to her house looking for him. (She later identified one of the men as Johnson, and she positively identified him at trial.) Johnson asked if Hatchett was there. When Oliver replied that he was not, Johnson retorted that she was lying because he had just seen Hatchett run to the back of the house with his (Johnson’s) stereo. 1 Additional words were exchanged, and Johnson pulled his pistol out and threatened to kill Hatchett.

Derrick Jackson, Johnson’s cousin, testified that he was the unidentified man with Johnson at Oliver’s house. He essentially confirmed the testimony of Barbie Oliver but added that Hatchett was present at Oliver’s house. Johnson asked Hatchett for his things, and Hatchett claimed that he did not have anything belonging to Johnson. Words and threats were exchanged. Jackson testified that Johnson became upset and pulled his gun out and put it in Hatchett’s face. Jackson grabbed Johnson and told him that they should leave.

Johnson and he left the Oliver house and went to the house of Johnson’s aunt. Fifteen to thirty minutes later, Hatchett appeared. Jackson testified that Hatchett entered the room and headed straight for Johnson. Hatchett got close to Johnson, and more words were exchanged. Johnson pushed Hatchett away twice and then shot him several times. Jackson added that a couple of the shots were fired after Hatchett had fallen to the floor.

Melissa Steele, Johnson’s cousin, testified that the shooting occurred at her former residence in North Litde Rock. She testified that Hatchett, a large man, came to the house that night and immediately confronted Johnson. Although she never saw a gun, she stated that Hatchett walked in with his hand behind his back. She testified that Hatchett would not let up and forced Johnson against the wall. Suddenly, Johnson pushed Hatchett off and began shooting him. Steele testified that after Hatchett was shot, he fell to the ground.

Charlie Farmer, Barbie Oliver’s son, testified that he was with Hatchett on the night he was slain and that Hatchett did not have a weapon. Farmer stated that he followed Hatchett into the house where the shooting occurred and was a few steps behind him when he heard a shot and saw Hatchett hit the floor. He then saw Johnson and a “shadow of a weapon.” When he saw Hatchett lying on the floor, he was leaving the house and heard two more shots. He added that someone began shooting at him as he headed for the car.

Lisa Sakevicious, a criminalist with the State Crime Lab, testified that she conducted a gunshot residue examination on the victim’s clothing. She testified that several of the shots were fired at close range. Dr. Frank Peretti, the associate Medical Examiner for the State Crime Laboratory, testified that Hatchett died of multiple gunshot wounds: one to the chest, three to the abdomen, one to the back, and one to the left thigh.

Johnson mounted a defense of self-defense with the following testimony. LaShonda Hatchett, an 11-year-old girl, testified that she saw Hatchett come into the house and begin to shout and push Johnson. She said that Hatchett kept reaching into his back pocket as if he was trying to retrieve something. On cross-examination, she admitted that she saw Johnson shoot Hatchett while he was lying on the floor and that she never actually saw Hatchett with a pistol.

Craig Howard testified that Hatchett came in and began shouting and pushing Johnson. He stated that Johnson kept telling Hatchett to leave him alone and was trying to get away from him but that Hatchett would not stop. He testified that Hatchett was a large man and that it was his impression that Hatchett was going to hurt Johnson.

Johnson testified on his own behalf. He stated that on the afternoon of the murder, he went to Barbie Oliver’s house and saw Hatchett grab his television set and run with it. A verbal altercation followed. Hatchett pushed Johnson, and Johnson ultimately pointed his pistol at Hatchett. He then went to his aunt’s house. According to Johnson, Hatchett arrived later at Johnson’s aunt’s house. He stated that Hatchett walked in and started pushing him, and Johnson began shooting. He stated that he thought Hatchett was going to hurt him because he (Johnson) had pointed a gun at him earlier, and Hatchett had threatened him. He also stated that Hatchett had a reputation for violence. The State asked Johnson if he continued to shoot Hatchett after he had fallen to the floor. Johnson answered that he did not. However, on cross-examination Johnson stated that he did not know whether Hatchett was standing the entire time that he was firing the bullets because he had closed his eyes.

The jury convicted Johnson of first-degree murder and sentenced him to sixty years in prison. After judgment was entered, Johnson filed a motion for a new trial, asserting that his trial counsel, James Massie, had failed to call essential witnesses who could have impeached the testimony of a crucial state witness, Charlie Farmer. Johnson further asserted that he would have accepted a negotiated plea if one had been offered and that the possibility of seeking a negotiated plea was never communicated to him by counsel. Massie testified that he thought he recalled hearing something about 25 years from the prosecutor, but no plea offer was made. He broached reducing the charge to manslaughter to the prosecutor, but nothing was resolved. He stated that he prepared a case of selfrdefense and believed that the 11-year-old girl, Lashonda Hatchett, was his most credible witness. The motion for a new trial was denied by the trial court.

Johnson appeals the denial of his new trial motion. Although Rule 37 generally provides the procedure for postconviction relief due to ineffective counsel, this court has recognized that the issue may be raised by a defendant on direct appeal after the issue is first raised during trial or in a motion for a new trial. See Ark. R. Crim. P. 37; Missildine v. State, 314 Ark. 500, 863 S.W.2d 813 (1993); Tisdale v. State, 311 Ark. 220, 843 S.W.2d 803 (1992); Hilliard v. State, 259 Ark. 81, 531 S.W.2d 463 (1976).

The criteria for assessing the effectiveness of counsel were enunciated in Strickland v. Washington, 466 U.S. 668 (1984).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Reynolds v. Payne
E.D. Arkansas, 2024
Chris Anthony Arnold v. State of Arkansas
2022 Ark. 191 (Supreme Court of Arkansas, 2022)
Timothy Justin Joyner v. State of Arkansas
2021 Ark. 78 (Supreme Court of Arkansas, 2021)
Maiden v. Payne
E.D. Arkansas, 2020
Maiden v. State
2019 Ark. 198 (Supreme Court of Arkansas, 2019)
Hinton v. State
2019 Ark. 136 (Supreme Court of Arkansas, 2019)
Reams v. State
560 S.W.3d 441 (Supreme Court of Arkansas, 2018)
James Nelson Eng. v. State
543 S.W.3d 553 (Court of Appeals of Arkansas, 2018)
Wertz v. State
2014 Ark. 240 (Supreme Court of Arkansas, 2014)
Stiggers v. State
2014 Ark. 184 (Supreme Court of Arkansas, 2014)
Echols v. State
127 S.W.3d 486 (Supreme Court of Arkansas, 2003)
Dansby v. State
84 S.W.3d 857 (Supreme Court of Arkansas, 2002)
State v. Goff
79 S.W.3d 320 (Supreme Court of Arkansas, 2002)
Nelson v. State
39 S.W.3d 791 (Supreme Court of Arkansas, 2001)
Chenowith v. State
19 S.W.3d 612 (Supreme Court of Arkansas, 2000)
State v. Dillard
998 S.W.2d 750 (Supreme Court of Arkansas, 1999)
Walker v. State
955 S.W.2d 905 (Supreme Court of Arkansas, 1997)
Riggins v. State
946 S.W.2d 691 (Supreme Court of Arkansas, 1997)
Smith v. State
943 S.W.2d 234 (Supreme Court of Arkansas, 1997)
Dodson v. State
934 S.W.2d 198 (Supreme Court of Arkansas, 1996)

Cite This Page — Counsel Stack

Bluebook (online)
924 S.W.2d 233, 325 Ark. 44, 1996 Ark. LEXIS 346, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-state-ark-1996.