Jackson v. State
| Docket Number: | 2005-KA-02368-COA Linked Case(s): 2005-KA-02368-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 07-24-2007 Opinion Author: GRIFFIS, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Armed carjacking - Weight of evidence - Ineffective assistance of counsel - Admission of evidence - M.R.E. 401, 402, 403 - Authentication of evidence - M.R.E. 901 Judge(s) Concurring: KING, C.J., LEE, P.J., IRVING, CHANDLER, BARNES, ISHEE, ROBERTS AND CARLTON, JJ. Concurs in Result Only: MYERS, P.J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 06-02-2005 Appealed from: Jackson County Circuit Court Judge: Robert P. Krebs Disposition: CONVICTION OF ARMED CARJACKING AND SENTENCE TO SERVE A TERM OF TEN YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS AND FINE OF $2,500. District Attorney: Anthony N. Lawrence, III Case Number: 2003-10,673(1) |
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| Party Name: | Attorney Name: | |||
| Appellant: | LAMONT JACKSON A/K/A LAMONT DEMOND JACKSON |
PHILLIP W. BROADHEAD
ROSS SIMONS |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: DESHUN T. MARTIN |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Armed carjacking - Weight of evidence - Ineffective assistance of counsel - Admission of evidence - M.R.E. 401, 402, 403 - Authentication of evidence - M.R.E. 901 |
| Summary of the Facts: | Lamont Jackson was convicted of armed carjacking and was sentenced to ten years. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Weight of evidence Jackson argues that the verdict is against the overwhelming weight of the evidence, because it is based on questionable eyewitness identification, confusion and coincidence. Where the testimony of the prosecutrix is supported by other evidence, such conviction is not against the overwhelming weight of the evidence. The evidence against Jackson consists of three eyewitness identifications, the Reebok shirt, the fact he was seen speaking with the driver of Firebird, his gun, the New Orleans gun, and the Navy tag. Further, he was in the vicinity of the site from where the car was stolen. Not one witness could identify the Reebok shirt. Further, while both guns had mounted laser scopes, none of the victims described the guns in question as having this feature. At trial, they could not describe the guns’ color. As for the Navy tag, its probative value is too tenuous. The mere fact that Jackson was in the Navy is not enough to tie him to the stolen Navy tag. The New Orleans connection is likewise tenuous, given the proximity. There was absolutely no physical evidence that linked Jackson to the Lorcin. It was a dark, rainy night. Jackson had a mustache and goatee, which none of the victims described. Nevertheless, when presented with a photo lineup, all victims picked out Jackson, within a matter of seconds of viewing the lineup. Given the identification testimony, the verdict did not work an unconscionable injustice. The eyewitnesses never vacillated, and their testimony is corroborated by Jackson’s conduct during the police chase. Issue 2: Ineffective assistance of counsel Jackson argues his trial counsel should have objected to the relevancy of his T-shirt and gun. However, the shirt and gun are relevant evidence, because he wore the shirt and had the gun that night. Both were similar to the limited descriptions the victims gave. In addition, failure to object in this case was reasonable trial strategy. Issue 3: Admission of evidence Jackson argues that the prosecution failed to link the shirt and the gun to the crime in question; therefore, the admissibility of these items was plain error. Tools, weapons, and other physical evidence used or usable in the commission of a crime are admissible into evidence, provided they are relevant and not too remote. The shirt and gun were similar to the description given by the victims. Jackson admittedly wore the shirt and possessed the gun during the time in question. Therefore, they were admissible under M.R.E. 401, 402, and 403. Further, all that is needed to authenticate an item under M.R.E. 901 is evidence sufficient to support a finding that the matter in question is what the proponent claims. Wilson and Jackson authenticated the shirt and gun as his items seized from his car one hour after the carjacking. |
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