Jackson v. State


<- Return to Search Results


Docket Number: 2009-KA-00606-COA
Linked Case(s): 2009-KA-00606-COA

Court of Appeals: Opinion Link
Opinion Date: 06-01-2010
Opinion Author: Roberts, J.
Holding: Affirmed.

Additional Case Information: Topic: Aggravated assault - Ineffective assistance of counsel - Weight of evidence
Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee and Maxwell, JJ.
Non Participating Judge(s): Carlton, J.
Procedural History: Jury Trial
Nature of the Case: CRIMINAL - FELONY

Trial Court: Date of Trial Judgment: 03-24-2009
Appealed from: PIKE COUNTY CIRCUIT COURT
Judge: David H. Strong
Disposition: CONVICTED OF AGGRAVATED ASSAULT AND SENTENCED TO TWENTY YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS WITH FIVE YEARS SUSPENDED AND FIFTEEN YEARS TO SERVE FOLLOWED BY FIVE YEARS OF POST-RELEASE SUPERVISION
District Attorney: Dee Bates
Case Number: 08-508-PKS

  Party Name: Attorney Name:   Brief(s) Available:
Appellant: Ricky M. Jackson




BENJAMIN ALLEN SUBER



 
  • Appellant #1 Brief

  • Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL: DEIRDRE MCCRORY  

    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.

    Topic: Aggravated assault - Ineffective assistance of counsel - Weight of evidence

    Summary of the Facts: Ricky Jackson was convicted of aggravated assault and sentenced to twenty years with five years suspended and fifteen years to serve followed by five years of post-release supervision. Jackson appeals.

    Summary of Opinion Analysis: Issue 1: Ineffective assistance of counsel Jackson argues he received ineffective assistance of counsel because his attorney did not request a simple-assault instruction. The merits of a claim of ineffective assistance of counsel will be reached on direct appeal only where the record affirmatively shows ineffectiveness of constitutional dimensions, or the parties stipulate that the record is adequate to allow the appellate court to make the finding without consideration of the findings of fact of the trial judge. Here, there is no mutual stipulation, and there is no ineffectiveness of constitutional dimensions. Jackson may raise his claim in a properly-filed motion for post-conviction relief if he so chooses. Issue 2: Weight of evidence Jackson argues that the jury’s verdict is contrary to the overwhelming weight of the evidence. The victim and his wife both testified that Jackson approached the victim and, unprovoked, spit in the victim’s face and then stabbed him in the face with a wooden stick. The emergency room physician who treated the victim testified that the victim’s injury was “severe” and that it could have been “potentially fatal.” Viewing the evidence in the light most favorable to the verdict, it would not sanction an unconscionable injustice to allow the verdict to stand.


    Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court