Jackson v. State


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Docket Number: 2008-KA-01479-COA
Court of Appeals: Opinion Link
Opinion Date: 11-17-2009
Opinion Author: MYERS, P.J.
Holding: AFFIRMED
Additional Case Information: Topic: Sale of cocaine - Prosecutorial misconduct
Judge(s) Concurring: KING, C.J., LEE, P.J., IRVING, GRIFFIS, BARNES, ISHEE, ROBERTS, CARLTON AND MAXWELL, JJ.
Procedural History: Jury Trial
Nature of the Case: CRIMINAL - FELONY
Trial Court: Date of Trial Judgment: 02-08-2008
Appealed from: OKTIBBEHA COUNTY CIRCUIT COURT
Judge: James T. Kitchens, Jr.
Disposition: CONVICTED OF SALE OF COCAINE AND SENTENCED AS A HABITUAL OFFENDER TO THIRTY YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS WITHOUT ELIGIBILITY FOR PAROLE OR PROBATION
District Attorney: Forrest Allgood
Case Number: 2007-0220-CR
  Party Name: Attorney Name:   Brief(s) Available:
Appellant: WILLIE JACKSON




 LESLIE S. LEE, W. DANIEL HINCHCLIFF



  
  • Appellant #1 Brief
    		•
    Appellee: STATE OF MISSISSIPPI OFFICE OF THE ATTORNEY GENERAL BY: DEIRDRE MCCRORY  
    Synopsis provided by:

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    Topic: Sale of cocaine - Prosecutorial misconduct
    Summary of the Facts: Willie Jackson was convicted of sale of cocaine and was sentenced as a habitual offender to thirty years. He appeals.
    Summary of Opinion Analysis: Jackson argues that his conviction resulted from prosecutorial misconduct. Attorneys are allowed wide latitude in arguing their cases to the jury, but prosecutors are not permitted to use tactics which are inflammatory, highly prejudicial, or reasonably calculated to unduly influence the jury. Jackson cites numerous actions of the prosecutor. Only two of the actions cited by Jackson were objected to at trial, and although both objections cited specific grounds, neither objection cited the grounds Jackson argues on appeal. Accordingly, this issue has not been preserved for appeal. Even assuming the evidence and comments were improper, the error was harmless in light of the overwhelming evidence against Jackson.


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