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JOHNSON v. UNITED STATES

No. 96-203.

520 U.S. 461 (1997)

JOHNSON v. UNITED STATES

United States Supreme Court.

Decided May 12, 1997.

Attorney(s) appearing for the Case

William J. Sheppard argued the cause for petitioner. With him on the briefs were D. Gray Thomas and Elizabeth L. White.

Deputy Solicitor General Dreeben argued the cause for the United States. With him on the brief were Acting Solicitor General Dellinger, Acting Assistant Attorney General Keeney, and Jonathan E. Nuechterlein.*

Rehnquist, C. J., delivered the opinion of the Court, which was unanimous except insofar as Scalia, J., did not join Parts II—B and II—C.

Chief Justice Rehnquist delivered the opinion of the Court.*

In this case the trial court itself decided the issue of materiality in a perjury prosecution, rather than submitting it to the jury as our decision in United States v. Gaudin, 515 U.S. 506 (1995), now requires. No objection was made by the petitioner, Joyce B. Johnson, and we hold that the...

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