State v. Johnson

93 Ohio St. 3d 240 (2001)

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State v. Johnson

Ohio Supreme Court
93 Ohio St. 3d 240 (2001)

  • Written by Sharon Feldman, JD

Facts

Bloods gang members shot at Crips gang members, wounding Crips member Edward McGaha. Leslie Johnson (defendant), a Crips member, was present when the shooting occurred. Later that day, Johnson and others were sitting on McGaha’s porch when Bloods members pulled up and again opened fire. Johnson went to the home of another Crips member, where the group decided to find and kill Bloods member Richard Miles (a.k.a. Boom). The group stole two cars, borrowed a third, and drove to an area known to be Bloods territory. Johnson was in the back seat of the leading car. The cars stopped for Johnson and Sidney Cornwell to get a lighter, proceeded to an apartment complex, and discussed kicking down the door to go in and look for Miles. The cars went to the back of the apartments. Cornwell asked a couple sitting on a porch where Miles was and opened fire, injuring two people inside the apartment and killing a three-year-old on the porch. Johnson was convicted of complicity to commit aggravated murder and attempted murder by aiding and abetting. Relying on State v. Sims, the court of appeals reversed Johnson’s convictions. The state (plaintiff) appealed.

Rule of Law

Issue

Holding and Reasoning (Lundberg Stratton, J.)

Dissent (Pfeifer, J.)

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