Jackson v. State
306 Ga. 706
| Ga. | 2019Background
- On May 31, 2015, Timbaland Crowder was shot and killed after two related street fights in Carrollton; witnesses identified a shooter known as “Wet,” Kevin Durand Jackson’s street name.
- Co-indictee Rashard Terry testified he armed himself with a .380 semi-automatic, gave the gun to Jackson during the melee, then heard a shot and saw Crowder fall. A .380 bullet was recovered from the victim.
- Investigator Cole, a gang expert, extracted images and posts from Jackson’s Facebook showing Bloods signs, red clothing, weapons, and violent statements (including a December 2014 thread saying “Ima kill me a n*a today”); Cole tied those posts and other evidence to Bloods membership and motive.
- Jackson was indicted for malice murder, felony murder (predicated on aggravated assault), aggravated assault, multiple Street Gang Act counts, and firearm possession during felonies; jury convicted on malice murder, aggravated assault (merged at sentencing), two Street Gang Act counts, and two firearm counts.
- On appeal Jackson argued (1) insufficiency of evidence, (2) mistrial/error from admission of Facebook evidence, (3) plain error in jury instructions, and (4) ineffective assistance of counsel for several trial-strategic choices. The Georgia Supreme Court affirmed.
Issues
| Issue | Jackson’s Argument | State’s Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for malice murder | Evidence was insufficient to prove Jackson was the shooter and acted with malice | Witness IDs, co-defendant testimony, weapon matching, and motive/gang evidence support guilt | Affirmed: evidence sufficient to support malice murder conviction |
| Sufficiency for Street Gang Act convictions | Not proved that Jackson was associated with a criminal street gang or that offenses furthered gang interests | Facebook posts, hand signs, co-defendant testimony, and gang-expert testimony established membership and nexus to motive | Affirmed: evidence supported two Street Gang Act convictions |
| Mistrial for Facebook/social-media evidence | Facebook evidence and investigator’s contextual testimony impermissibly introduced other-bad-act evidence and lacked proper notice | Evidence was relevant to gang membership and motive; investigator’s clarification dispelled implication Jackson committed the 2014 shooting | Denial of mistrial not an abuse of discretion |
| Jury-instruction plain error | Jury charges (aggravated assault, Street Gang Act, malice) omitted/erred and confused jury (including a slip in malice wording) | Instructions viewed as a whole covered elements; any minor slip was harmless and not plain error | No plain error found |
| Ineffective assistance for not suppressing Facebook/cell evidence | Counsel should have moved to suppress warrants as lacking probable cause/omitting exculpatory matters | Warrant affidavits supplied sufficient corroboration and probable cause; counsel’s strategic choice reasonable | No ineffective assistance (no deficient performance or prejudice) |
| Ineffective assistance re: jury charges/limiting instruction | Counsel failed to request pattern Street Gang charge, simple-assault instruction, or a limiting instruction for gang evidence | Strategic decisions—avoiding drawing attention to gang evidence or tailoring charges—were reasonable; objections would have been meritless | No ineffective assistance |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency review)
- Strickland v. Washington, 466 U.S. 668 (ineffective assistance standard)
- Hayes v. State, 292 Ga. 506 (deference to jury credibility findings)
- Graham v. State, 301 Ga. 675 (same; conflicts resolved by jury)
- McGruder v. State, 303 Ga. 588 (elements of Street Gang Act conviction)
- Anglin v. State, 302 Ga. 333 (gang membership evidence relevant to motive)
- Lupoe v. State, 300 Ga. 233 (gang-activity evidence not per se improper character evidence)
- Cantera v. State, 289 Ga. 583 (when simple-assault instruction is required for aggravated assault)
- Prince v. State, 295 Ga. 788 (probable cause affidavit: veracity/reliability consideration)
- Palmer v. State, 285 Ga. 75 (effect of material omissions in affidavit on probable cause)