A Guthrie County man will likely get a new trial for his 2008 first degree murder conviction, but it won’t be happening anytime soon.

Earlier this month, District Court Judge Randy Hefner ordered that his recent ruling to grant a new trial to Johnny Lee Johnson be stayed pending the outcome of the State’s appeal of the ruling.  A stay is defined as a suspension of a case or a particular proceeding within a case.

Guthrie County Attorney Mary Benton says the stay is good sign because the case gets a true chance to be reviewed.  She says the right of appeal essentially would have not existed if Judge Hefner had not granted the stay to his order because there simply wouldn’t have been enough time for the appeal to be heard.

Hefner’s order granting the new trial in Johnson’s post-conviction relief case, was entered on September 19th, and the notice of appeal was filed the following day.   With the stay, Johnson’s 90-day speedy trial right will not begin again until after the appellate court ruling is issued.  That appeal could take as long as two years and will be handled by the Iowa Attorney General’s Office.

Hefner’s grant of a new trial relates to the April 2007 shooting deaths of Johnson’s wife, Kimberly Johnson and her friend Greg White.  Johnson was convicted of murdering both of them in the first degree back in 2008.

Johnson will await the outcome of the appeal in prison and will not be transported back to the Guthrie County jail until and unless the State does not win the appeal.