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Johnson v. State

The defendant shot and killed the first victim after she told him to stop hitting the second victim in the head with a gun.

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Kenneth Earl Johnson was convicted in 2004 of malice murder, aggravated assault, and related offenses in connection with the shooting death of Teresa Smith.1 Johnson appeals, arguing that the evidence was insufficient to sustain his convictions and that he received ineffective assistance of counsel. Finding no merit to these contentions, we affirm the convictions. 1. The evidence presented at trial showed that on December 21, 2002, Johnson and Smith were playing cards with a few other people at a friend’s house. According to witnesses, Johnson was fighting with Smith and Marcella Bailey at the time. Smith, Bailey, Johnson, Tina Thompson, and Ricky Clark all left the house together in a van driven by Clark. During the ride, Johnson again fought with Bailey, striking her in the head with a gun, and Smith told Johnson to stop hitting Bailey. Suddenly, a gunshot was heard and the passengers turned to see Smith lying dead and Johnson holding the gun. The medical examiner testified that the gun had been inside Smith’s mouth when it was fired.

Clark pulled over to the side of the road, and Thompson and Bailey fled the van. Clark then drove off with Johnson and dumped the body in an industrial area. Afterwards, Johnson told Clark that he should have killed Thompson and Bailey. Clark then drove Johnson to his home where he retrieved a bag and some new clothes. While stopped at a gas station, Clark drove off and left Johnson stranded. Johnson was apprehended in Tennessee.

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