Com. v. Jackson, J.
1599 WDA 2016
| Pa. Super. Ct. | Nov 16, 2017Background
- On May 8, 2015, multiple 911 callers reported shots fired near Sacramento Ave and Minton St; callers described a bearded Black male who entered a red car after shooting at a woman’s feet. Police recovered eight shell casings and a cell phone belonging to Jenna Cox near the scene.
- A red Chevrolet Impala registered to Cox was seen in the area; officers unsuccessfully attempted a traffic stop and later found the car parked ~0.2 miles from the shooting.
- Detective Mercurio interviewed Jamall Jackson after Miranda warnings; she testified Jackson confessed that he (angry over Cox’s contact with the child’s natural father) shot at Cox’s feet, drove to his father’s house to leave the gun, then his father later produced the gun to police in a bag.
- Jackson had prior convictions for robbery (an enumerated offense under 18 Pa.C.S. § 6105), making possession of a firearm a crime if proven. Jackson and his father disputed the confession and provenance of the gun; the father claimed he found the gun in bushes.
- A jury convicted Jackson of possession of a firearm by a prohibited person (18 Pa.C.S. § 6105(a)(1)); the court sentenced him to 4–8 years’ incarceration plus 2 years’ probation. Post-trial motions were denied and Jackson appealed.
Issues
| Issue | Jackson's Argument | Commonwealth's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence to prove possession | Jackson: No witness saw him hold the gun; no scientific/circumstantial proof; confession was unrecorded, unwritten hearsay | The confession to Detective Mercurio and corroborating physical evidence (shell casings, phone, car registered to Cox) supported possession; jury may credit detective’s testimony | Affirmed — evidence (including detective’s account of confession) was sufficient when viewed in favor of the verdict |
| Weight of the evidence | Jackson: Verdict relied on unreliable, unrecorded confession and lacked direct proof of possession | Commonwealth: Credibility and weight are for the jury; evidence was not so unreliable as to shock the conscience | Affirmed — trial court did not abuse discretion in denying weight claim |
| Ineffective assistance of counsel for failing to object to hearsay/confession | Jackson: Trial counsel failed to challenge hearsay and lacked preparation | Commonwealth: Ineffectiveness claims must be deferred to collateral review | Not addressed on merits — claim deferred to PCRA/collateral review |
| Denial of mistrial after Jackson sought new counsel during trial | Jackson: Relationship with counsel had deteriorated, warranting mistrial | Commonwealth: No prejudicial event or trial error occurred | Affirmed — no basis for mistrial; any counsel-performance issues belong in collateral review |
Key Cases Cited
- Giron v. Commonwealth, 155 A.3d 635 (Pa. Super. 2017) (standard of review for sufficiency challenges)
- Fitzpatrick v. Commonwealth, 159 A.3d 562 (Pa. Super. 2017) (sufficiency review and circumstantial evidence principles)
- Jemison v. Commonwealth, 98 A.3d 1254 (Pa. 2014) (elements of § 6105 possession offense)
- Trippett v. Commonwealth, 932 A.2d 188 (Pa. Super. 2007) (standard for reviewing weight-of-the-evidence claims)
- DeJesus v. Commonwealth, 860 A.2d 102 (Pa. 2004) (appellate limits on substituting judgment for factfinder on weight claims)
- Grant v. Commonwealth, 813 A.2d 726 (Pa. 2002) (ineffective assistance claims generally deferred to collateral review)
- Cole v. Commonwealth, 167 A.3d 49 (Pa. Super. 2017) (mistrial standard; prejudice requirement)
- Champney v. Commonwealth, 832 A.2d 403 (Pa. 2003) (appellate review limited to palpable abuse of discretion on weight rulings)