Johnson v. State

Richard L. Johnson appeals his conviction and sentence for aggravated assault on a law enforcement officer. Johnson argues that the court fundamentally erred by departing from its role of neutrality during the trial, and that the State’s closing argument was improper. While we find no error in the State’s closing argument, we agree that Johnson is entitled to a new trial based on the trial judge’s comments during the trial.

Deputy Mitchell Tucker was dispatched to an “open-line” 911 call, which came from an apartment complex. While no one spoke on the other end, the dispatcher could hear…