Johnson v. State

Summary

The Court rejected its prior absolute rule that a pro se filing by a criminal defendant represented by counsel is always a legal nullity. It held that courts may, in their discretion, recognize a timely and procedurally proper pro se filing by a counseled defendant, particularly when counsel failed to preserve appellate rights, although recognition should be rare and clearly reflected on the record. The Court vacated the order denying Johnson's noncognizable out-of-time motion for new trial and remanded for dismissal of that motion and for the trial court to decide whether to recognize and address Johnson's earlier pro se filings.