Felton Jackson v. State of Tennessee
M2016-00490-CCA-R3-PC
| Tenn. Crim. App. | May 15, 2017Background
- Petitioner Felton Jackson was convicted of especially aggravated robbery (25 years) and aggravated assault (merged on appeal into robbery). The conviction arose from a violent December 23, 2008 attack on a motel resident; eyewitness Tabitha Donnelly implicated Jackson and physical evidence tied Jackson to certain items (checkbooks) via DNA testing.
- Jackson filed a pro se post-conviction petition alleging ineffective assistance of trial counsel for: (1) failing to call alibi witnesses (his mother and wife); (2) coercing him not to testify; and (3) failing to investigate or present his social/medical/mental-health history.
- At the post-conviction evidentiary hearing Jackson testified about his requests that counsel call his mother and wife, that he wanted to testify, and that he had a history of mental illness and treatment. He also raised concerns about the timing of DNA testing.
- Trial counsel testified that he met regularly with Jackson, reviewed discovery, filed an alibi notice, decided not to call the mother/wife because their statements were inconsistent or potentially harmful (wife would have testified Jackson handed her bloody clothes), advised Jackson against testifying based on impeachment and disclosures, and had no indication Jackson suffered exploitable mental-health problems.
- The post-conviction court found counsel credible, noted Jackson failed to present the alleged alibi witnesses or mental-health experts at the hearing, and concluded Jackson failed to prove deficient performance or prejudice. The Court of Criminal Appeals affirmed.
Issues
| Issue | Jackson's Argument | State's Argument | Held |
|---|---|---|---|
| Failure to call alibi witnesses | Counsel unreasonably omitted calling mother and wife who would testify Jackson was home | Counsel made a strategic decision after interviewing both; their statements were inconsistent or harmful | No ineffective assistance; petitioner failed to prove prejudice or call witnesses at hearing |
| Coercion not to testify | Counsel coerced / prevented Jackson from testifying | Counsel advised against testifying, trial court advised Jackson of right, Jackson waived by following advice | No coercion; advice was tactical and Jackson knowingly declined to testify |
| Failure to investigate mental-health history | Counsel failed to investigate or present psychiatric evidence showing diminished culpability | Counsel had no notice of relevant mental-health issues and observed nothing suggesting incompetence; petitioner produced no expert | No ineffective assistance; petitioner failed to show counsel was deficient or that prejudice resulted |
| Failure to challenge DNA timing/results | Counsel did not investigate why petitioner’s DNA appeared after second sample | Counsel cross-examined DNA expert and had no evidence that samples were used to plant DNA | No ineffective assistance; petitioner offered no proof counsel’s further investigation would have changed outcome |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (establishes deficient performance and prejudice standard for IAC)
- Goad v. State, 938 S.W.2d 363 (Tenn. 1996) (applies Strickland in Tennessee; burden on petitioner to prove both prongs)
- Henley v. State, 960 S.W.2d 572 (Tenn. 1997) (post-conviction fact-finding and credibility deference)
- Fields v. State, 40 S.W.3d 450 (Tenn. 2001) (appellate review standards for post-conviction findings)
- Black v. State, 794 S.W.2d 752 (Tenn. Crim. App. 1990) (petitioner must present alleged omitted witnesses at the post-conviction hearing)