Johnson v. State

Benham, Justice.

This is a case in which a death sentence has been imposed. The defendant, Charles Edward Johnson, was convicted of murder, burglary and theft by taking. Because the trial court refused to allow the defendant to present any evidence at the guilt phase of the trial about his mental condition, we reverse.

1. The victim’s body was found in her home on April 15, 1989. After a gun stolen from her home was recovered and traced to the defendant, he was arrested. In due time, counsel was appointed to represent him. On April 20, 1989, counsel filed a motion for a psychiatric examination,…