Jackson v. State


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Docket Number: 2009-KA-01799-COA
Linked Case(s): 2009-KA-01799-COA ; 2009-CT-01799-SCT
Court of Appeals: Opinion Link
Opinion Date: 03-01-2011
Opinion Author: Irving, J.
Holding: Affirmed.
Additional Case Information: Topic: Murder - Jury instructions - Impeachment - M.R.E. 609 - M.R.E. 403 - Sufficiency of evidence
Judge(s) Concurring: King, C.J., Lee, P.J., Myers, P.J., Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ.
Nature of the Case: CRIMINAL - FELONY
Trial Court: Date of Trial Judgment: 07-29-2009
Appealed from: Harrison County Circuit Court
Judge: Roger T. Clark
Disposition: Convicted of Murder and Sentenced to Life in the Custody of the Mississippi Department of Corrections
District Attorney: Cono A. Caranna II
Case Number: B2401-2007-1026
  Party Name: Attorney Name:   Brief(s) Available:
Appellant: Danny Jerard Jackson




 JULIE L. HOWELL, R. SMITH MCNEAL, LESLIE S. LEE, PHILIP W. BROADHEAD



  
  • Appellant #1 Brief
    		•
    Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL: SCOTT STUART  
    Synopsis provided by:

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    Topic: Murder - Jury instructions - Impeachment - M.R.E. 609 - M.R.E. 403 - Sufficiency of evidence
    Summary of the Facts: Danny Jackson was convicted of murder and sentenced to life. He appeals.
    Summary of Opinion Analysis: Issue 1: Jury instructions Although Jackson had the right to present his theory of the case, that right is not absolute. Specifically, the circuit court may refuse an instruction which incorrectly states the law, is covered fairly elsewhere in the instructions, or is without foundation in the evidence. Jackson argues that the circuit court improperly denied his proposed instruction on the cooling-off period and deliberate-design murder. He also argues that the State’s instruction, which was granted, improperly defined a time limit for deliberate-design murder. The instructions as given were proper and correct; there is no indication that they confused the jury or were likely to do so. Although none of the given instructions explicitly informed the jury to determine deliberate design from Jackson’s point of view, the instructions implicitly told the jury that it would have to consider Jackson’s state of mind. Issue 2: Impeachment Jackson argues that the State was improperly allowed to impeach one of Jackson’s character witnesses with evidence of a prior conviction. M.R.E. 609 governs the impeachment of witnesses by evidence of a prior conviction. The circuit court in this case did not perform an M.R.E. 403 balancing test, although it should have before allowing the evidence. Nevertheless, there is no reversible error. The details of the witness’s prior conviction were introduced at trial only because Jackson’s counsel objected and requested that the State give the details of the crime. Furthermore, had the circuit court conducted a Rule 403 balancing test, there is no doubt that it would have found that the probative value of the conviction outweighed its prejudicial effect. Jackson argues that the introduction of the evidence was prejudicial to him because it indicated that he socialized with a convicted felon. By this standard, any prior conviction of a defense witness who personally knew the defendant would be too prejudicial to allow. Such is clearly not the case. Issue 3: Sufficiency of evidence It is clear that the victim died as a result of the wounds that Jackson inflicted upon him, and there has been no allegation that Jackson had any authority to kill the victim. Jackson found out about his wife’s infidelity approximately two weeks before the victim’s murder. After unintentionally encountering the victim at a gas station, Jackson went to his vehicle and retrieved a knife. According to at least one witness, Jackson concealed the knife in his clothing before approaching the victim. Another witness testified that Jackson’s initial attack on the victim was so severe that his internal body organs were visible outside of his body. There is sufficient evidence from which reasonable persons could conclude that Jackson acted with deliberate design when he attacked and killed his wife’s lover.


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