Joseph S. Johnston - Notable Cases

Notable Cases

  • Roe vs. Alabama, 68 F.3d 404 (11th Cir.1995) Johnston served as co-counsel for Judge Perry O. Hooper, the Republican nominee for Alabama Chief Justice. Hooper won the election by several hundred votes, but after the election there was an attempt to count unwitnessed absentee ballots. Johnston and co-counsel were successful in getting a U.S. District Court to stop the counting and further had this practice declared unlawful. This is one of the main case, cited for the proposition "you can't change the rules after the election is over".
  • State of Alabama vs. Leonardo Carson CC-02-03-4216, CC-02-03-7054. Dallas Cowboys Defensive Lineman,Leonardo Carson, was charged in 2003 with Fist Degree Burglary and Second Degree Kidnapping, both serious offenses in Alabama (and probably the rest of the civilized world). The case was specially prosecuted by Baldwin County District Attorney, David Whetstone. Johnston confirmed a plea bargain between Whetstone and Carson's attorney which resulted in felony charges being dropped and Carson pleading guilty to a misdemeanor. Carson ageed to a 30 day sentence. If convicted of the two felonies, Carson could have been sentenced to a life sentence plus twenty years. Johnston was criticized in the media for a sentence which seemed to give Carson, a former local football hero, a lesser sentence than the average defendant. see http://sports.espn.go.com/nfl/news/story?id=1822463

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