Johnson v. State

Joseph Johnson appeals the trial court’s order denying his motion for postconvietion relief. Only one ground cited by Johnson merits discussion, upon which we reverse.

Johnson claims that his trial attorney refused to permit him to take the stand in his own defense. The trial court concluded that Johnson’s right to testify on his behalf had been waived, and that he had not shown that his failure to testify resulted in any prejudice. However, the attachments to the court order do not show that Johnson’s right to testify in his own defense was waived, nor do they refute Johnson’s claim of…