Legal Opinion · Dissent

Johnson v. State

Court of Appeals of Georgia

Decided June 19, 1998No. A98A0745Published

1DissentAndrews, Chief Judge

Because I conclude the admission of the prior shoplifting conviction as impeachment evidence was reversible error, I respectfully dissent.

Johnson testified on direct examination that, other than the 1987 drug offense admitted as a similar transaction, he had never been convicted of a crime. Based on this statement, the State sought to impeach him with evidence that he had a prior conviction for shoplifting. Where a defendant testifies in his own behalf and falsely denies a past criminal conviction, the State is entitled to impeach the defendant by producing rebuttal evidence establishing the…

2Cases cited17 opinions

  1. Johnson v. StateSupreme Court of Georgia · 1976
  2. Jones v. StateSupreme Court of Georgia · 1988
  3. Andrews v. StateSupreme Court of Georgia · 1903
  4. McIntyre v. StateSupreme Court of Georgia · 1995
  5. Beasley v. StateCourt of Appeals of Georgia · 1992

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