68 So. 3d 709
Miss. Ct. App.2011Background
- Jackson was convicted in Harrison County Circuit Court of murder with a life sentence.
- He stabbed Neco Strickland, the man his wife Angela was having an affair with, outside a Harrison County convenience store after learning of the infidelity.
- DNA testing linked Strickland’s blood to the knife, Jackson’s clothes, and his car; Strickland died from the stab wounds.
- Jackson claimed he could not control himself and had a blackout during the attack; witnesses described a brutal, extended stabbing.
- The jury were given multiple instructions on deliberate design and heat of passion; Jackson objected to the deliberate-design instruction and proposed a cooling-off instruction.
- The State impeached a defense witness (Terry King) with a prior conviction, and the circuit court ruled; Jackson challenged the jury instructions, the impeachment, and sufficiency/weight of the evidence on appeal, which the Mississippi Court of Appeals affirmed
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the jury instructions properly explained deliberate design and heat of passion | Jackson argues S-9 and D-10 improperly framed deliberate design and cooling-off. | State contends S-9 correctly defines deliberate design and D-10 is duplicative and improper. | No reversible error; instructions adequately conveyed law and did not confuse the jurors. |
| Whether impeachment of a defense witness with a prior conviction was reversible error | King’s conviction details were improperly used to impeach credibility. | Rule 609 allows impeachment of non-party witnesses; any error was harmless. | Harmless error; the impeachment was within Rule 609 and not reversible. |
| Whether the evidence supports a murder conviction beyond a reasonable doubt | The State proved deliberate design via the attack and weapon use. | Jackson’s blackout and lack of control precluded deliberate design. | Evidence was sufficient; reasonable jurors could find deliberate design beyond a reasonable doubt. |
Key Cases Cited
- Jones v. State, 904 So.2d 149 (Miss. 2005) (standard for sufficiency of evidence and deliberate design)
- Gossett v. State, 660 So.2d 1285 (Miss. 1995) (definition of deliberate design)
- Haley v. State, 85 So. 129 (Miss. 1920) ( Hailey language cited on cooling-off duration (Wharton reference))
- Windham v. State, 520 So.2d 123 (Miss. 1987) (definition of deliberate design and cooling-off concepts)
- Brown v. State, 965 So.2d 1023 (Miss. 2007) (deliberate design may be inferred from instrument used to kill)
- Carter v. State, 722 So.2d 1258 (Miss. 1998) (deliberate design definitions in instruction)
- Wilson v. State, 936 So.2d 357 (Miss. 2006) (deliberate design evidence considerations)
- Young v. State, 731 So.2d 1145 (Miss. 1999) (impeachment of non-party witness Rule 609 balancing)