JOHNSON V. STATE
967 S.W.2d 410 (Tex. Crim. App. 1998)
NATURE OF THE CASE: Johnson (D) sought review of a conviction of capital murder.
FACTS: Johnson (D) was tried for murdering Frank Johnson, Jr. The State presented
twenty-six witnesses and numerous exhibits at guilt/innocence in an effort to prove its
case. The most incriminating evidence came from a statement made by the surviving victim,
Reginald Taylor. Taylor made the statement around the time of the murder and signed it as
well. At trial, Taylor had a sudden spell of amnesia and did not cooperate with the
prosecution. He could not remember what happened and did not remember giving the statement,
signing it or what was said to the police. Taylor admitted that his recollection of the
murder was fresher when he gave the statement and that it was his signature on the
statement. The State was then allowed to read Taylor's statement in its entirety into
evidence to the jury. D was convicted, sentenced to death and appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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