Jackson v. State
70 So. 3d 1137
Miss. Ct. App.2011Background
- Jackson, a nightclub security guard, was convicted of aggravated assault and possession of a firearm by a convicted felon for January 1, 2008 shooting.
- The circuit court sentenced ten years for each count, concurrent, with five years post-release supervision on Count I.
- Jackson moved for JNOV or new trial; motion was denied.
- Trial included testimony that Magsby was unarmed; Jackson claimed he acted in self-defense.
- A surveillance video was erased; witnesses testified inconsistently about whether Jackson intended to shoot or merely defend.
- Jackson timely appeals challenging the denial of post-trial relief and the self-defense jury instruction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the State proved all elements of aggravated assault beyond a reasonable doubt | Jackson argues self-defense negates an element | State contends sufficient evidence shows intent and use of a deadly weapon | Conviction affirmed; evidence supports lack of self-defense |
| Whether the court erred by refusing a self-defense jury instruction on firearm use by a felon | Jackson seeks self-defense instruction for felon with firearm | State cites lack of authority supporting instruction | Instruction issue deemed abandoned and not considered |
Key Cases Cited
- Wilkins v. State, 1 So. 3d 850 (Miss. 2009) (rehearsal of legal-sufficiency standard for JNOV)
- Ivy v. State, 949 So. 2d 748 (Miss. 2007) (standard for evaluating weight of the evidence)
- Bush v. State, 895 So. 2d 836 (Miss. 2005) (standard for reviewing weight of evidence and jury verdicts)
- Carr v. State, 208 So. 2d 886 (Miss. 1968) (definition of proving elements beyond reasonable doubt)
- Alexander v. Womack, 857 So. 2d 59 (Miss. 2003) (requirement of authority for abandoned-issue preservation)