Summary
The Supreme Court of Georgia affirmed Brandon Johnson’s convictions and life sentence arising from the fatal shooting of Dykeith Williams and the shooting of Roderick Devance. The court held that any error in admitting similar-transaction evidence against Johnson’s co-defendant was harmless and that the trial court did not abuse its discretion in denying Johnson’s motion for mistrial.
Topics
Practice areas
Questions Presented
- Whether the evidence was sufficient to support Johnson's convictions.
- Whether the trial court abused its discretion by denying Johnson's motion for a mistrial after the State introduced similar-transaction evidence against his codefendant, Ellery.
Holdings
- The evidence was sufficient to enable a rational trier of fact to find Johnson guilty beyond a reasonable doubt of the crimes for which he was convicted.
- The trial court did not abuse its discretion in denying Johnson's motion for a mistrial because any error in admitting the similar-transaction evidence against Ellery was harmless, and a mistrial was not essential to preserve Johnson's right to a fair trial.
Key quotations
“The decision whether to grant a mistrial is within the discretion of the trial court, and that discretion will not be disturbed on appeal “unless it is apparent that a mistrial is essential to the preservation of the right to a fair trial.””
Factual background
Johnson and Ellery went to Dykeith Williams's apartment ostensibly to purchase marijuana, then drew guns and ordered Williams and Roderick Devance to the ground. A shot was fired in the kitchen, Williams was found dead, and Devance was shot in the chest. Devance identified Johnson and Ellery as the perpetrators, DNA on a handgun matched Ellery, and a cell phone found near the scene belonged to Johnson. During the joint trial, the State introduced similar-transaction evidence against Ellery, prompting Johnson to move for a mistrial.
Procedural history
A Cobb County grand jury indicted Johnson and Charles Ellery in connection with the fatal shooting of Dykeith Williams and the shooting of Roderick Devance. After a joint jury trial, Johnson was convicted on all indicted charges; the felony-murder convictions were vacated as a matter of law, certain aggravated-assault convictions were merged, and he received a life sentence plus consecutive terms on the remaining convictions. The trial court denied his motion for new trial, and the Supreme Court of Georgia affirmed.