Johnson v. State

967 S.W.2d 410 (Tex. Crim. App. 1998)

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Nature of the Case

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Facts

Johnson (D) was tried for murdering Frank Johnson, Jr. The State presented twenty-six witnesses and numerous exhibits of 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.