Jackson v. State
| Docket Number: | 2003-KA-01508-COA Linked Case(s): 2003-KA-01508-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 06-27-2006 Opinion Author: Barnes, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Murder & Aggravated assault - Sufficiency of evidence - Ineffective assistance of counsel Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Chandler, Griffis, Ishee and Roberts, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 04-08-2003 Appealed from: Bolivar County Circuit Court Judge: Kenneth L. Thomas Disposition: COUNT I, MURDER - SENTENCED TO LIFE; COUNT II, AGGRAVATED ASSAULT - SENTENCED TO TEN YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS WITH SENTENCE IN COUNT II TO RUN CONCURRENTLY WITH SENTENCE IN COUNT I AND CONSECUTIVELY TO ANY AND ALL SENTENCES PREVIOUSLY IMPOSED; PAY RESTITUTION OF $1,400 IN COUNT I AND $9,000 IN COUNT II District Attorney: LAURENCE Y. MELLEN Case Number: 2002-85CR2 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Eddie Jackson |
RICHARD B. LEWIS |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: W. GLENN WATTS |
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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: | Murder & Aggravated assault - Sufficiency of evidence - Ineffective assistance of counsel |
| Summary of the Facts: | Eddie Jackson was convicted of murder and aggravated assault. He was sentenced to a term of life imprisonment for the murder, and to a term of ten years for the aggravated assault, with the sentences to run concurrently. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Sufficiency of evidence Jackson argues that the evidence was insufficient, because the time line of events on the night of May 20 excludes him as the shooter. As support, Jackson primarily cites testimony by a witness that Jackson arrived at his apartment before 10:00 p.m. and did not leave until after the witness heard sirens. This, Jackson argues, proves that he was at the residence before and during the shooting, which was reported at 10:03 p.m. However, while the witness testified that Jackson arrived “anywhere from about 9:00 to 10:00, somewhere up in there,” he also admitted that he “wasn’t just looking at no clock.” A jury could reasonably conclude that, in light of the other evidence, that Jackson did not arrive at the residence until after 10:03 p.m. Issue 2: Ineffective assistance of counsel Jackson argues that he was prejudiced by trial counsel’s failure to file motions for laboratory testing of certain alleged exculpatory evidence, request an alibi instruction, and interview witnesses or otherwise investigate in order to determine the whereabouts of a blue Cutlass at the time of the shooting. Where a defendant declines appointed counsel and proceeds to represent himself with appointed counsel only standing by to provide assistance if called upon that the defendant will not be heard to complain on appeal of ineffective assistance of counsel. As Jackson voluntarily assumed the role of trial counsel, he may not claim that his adviser failed to provide him with adequate representation. |
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