Johnson v. State (Majority)Annotate this Case
After a jury trial, Appellant was convicted of first-degree murder. The jury found Appellant had used a firearm in the commission of that murder. At trial, Appellant filed a motion for new trial following the discovery of two Facebook posts created by two of the State’s witnesses. The circuit court denied the motion. On appeal, Appellant challenged only the denial of his motion for a new trial, arguing that the post was newly discovered evidence that would have materially changed the outcome of Appellant’s trial in his favor had it been available to the jury. The Supreme Court affirmed, holding that the evidence did not satisfy the standard for newly discovered evidence.