Legal Opinion · Dissent

Johnson v. State

Court of Appeals of Maryland

Decided January 7, 1982No. [Nos. 9 and 22, September Term, 1981.]Published

1DissentCole, J.

I agree with the majority that the sentence of death in this case must be vacated. I cannot agree, however, that the guilty verdict can stand. It is clear to me from the record that Johnson was denied his right to the effective assistance of counsel under the Sixth Amendment to the United States Constitution and under Article 21 of the Maryland Declaration of Rights;1 that he, Johnson, was deprived of his sole defense under circumstances where his trial counsel knew or should have known that unless Johnson was insane, there was no exculpatory explanation for his conduct. I would reverse and…

2Cases cited52 opinions

  1. Johnson v. ZerbstSupreme Court of the United States · 1938
  2. Gideon v. WainwrightSupreme Court of the United States · 1963
  3. Gideon v. WainwrightSupreme Court of the United States · 1963
  4. Stovall v. DennoSupreme Court of the United States · 1967
  5. Furman v. GeorgiaSupreme Court of the United States · 1972

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