Johnson v. Georgia
Annotate this CaseThe Georgia Supreme Court found no reversible after certiorari review of appellant Benjamin Johnson’s appeal. Appellant was convicted of the 2013 murder of his brother Timothy. The trial court denied Johnson’s amended motion for a new trial, and he appealed, arguing the trial court erred in admitting hearsay testimony of a prior altercation between the brothers. He also argued he received ineffective assistance of counsel for failing to object to the admission of that testimony or for not investigating the prior altercation. The Supreme Court found that admission of the hearsay testimony was harmless error in light of the substantial evidence of appellant’s guilt and the limited pertinence of the testimony. Further, the Court determined that trial counsel’s failure to object to the testimony would not have affected the outcome of trial.
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