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Johnson v. State

Court of Criminal Appeals of Tennessee, Knoxville

August 6, 2019

JOSHUA TERRON JOHNSON
v.
STATE OF TENNESSEE

          Assigned on Briefs April 23, 2019

          Appeal from the Criminal Court for Knox County No. 110716 Steven W. Sword, Judge

         The Petitioner, Joshua Terron Johnson, appeals the Knox County Criminal Court's denial of his petition for post-conviction relief from his 2014 convictions for facilitation of attempted first degree murder, employing a firearm during the commission of a dangerous felony, unlawful possession of a weapon, and aggravated assault and his effective sentence of twenty-six years. The Petitioner contends that he received the ineffective assistance of counsel. We affirm the judgment of the post-conviction court.

         Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Criminal Court Affirmed

          J. Liddell Kirk, Knoxville, Tennessee, for the appellant, Joshua Terron Johnson.

          Herbert H. Slatery III, Attorney General and Reporter; Courtney N. Orr, Assistant Attorney General; Charme P. Allen, District Attorney General; and Phillip Morton, Assistant District Attorney General, for the appellee, State of Tennessee.

          Robert H. Montgomery, Jr., J., delivered the opinion of the court, in which Thomas T. Woodall and Robert W. Wedemeyer, Jr., JJ., joined.

          OPINION

          ROBERT H. MONTGOMERY, JR., JUDGE.

         The Petitioner's convictions relate to the August 10, 2013 shooting of Nathan Kelso. The victim survived his injuries, and the Petitioner and his codefendant, Bendale Romero, were tried jointly. This court affirmed the Petitioner's convictions and summarized the facts of the case as follows:

The State's first witness was Michael Alan Mays. Mr. Mays testified that he was the records manager for the Knox County Emergency Communications District (9-1-1). Mr. Mays said that the first 9-1-1 call regarding the shooting of the victim occurred at 1:05 a.m. on August 10, 2013. The State played five 9-1-1 calls for the jury, which we have summarized as follows:
(1) A woman reported hearing seven gunshots in Lonsdale Homes.
(2) A woman reported hearing gunshots for fifteen minutes in a parking lot in Lonsdale Homes. She saw a black car and said that she did not want to look out her door.
(3) A woman reported hearing a lot of gunshots and a man begging for his life. She b elieved it happened in parking lot C.
(4) A man reported hearing ten to fifteen gunshots and believed someone was shot. He reported that the shooting occurred at Pascall and Minnesota in Lonsdale. He saw people running.
(5) A man reported that someone had been shot behind Minnesota Avenue. He reported that the shooter was a short, light-skinned black man who drove a maroon vehicle.

         . . . Henry Wilson . . . [testified] that he lived in Lonsdale Homes and showed, on an aerial map, where his home was in relation to parking lot C. Mr. Wilson testified that on August 10, 2013, just as he was lying down to go to sleep, he heard two gunshots followed by someone "hollering, moaning and groaning." He further testified that the person said, "[D]on't do this to me," and "[Y]ou know me." Then, he heard two more shots. Mr. Wilson said that he looked outside and saw someone drive away, but without his glasses on, he was unable to recognize the person. Mr. Wilson went outside to the victim, who was near the trash cans in parking lot C, and saw that the victim was wounded in his legs and head. Mr. Wilson testified that the other bystanders told him who had shot the victim. When police ...


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