Jackson v. State
314 Ga. App. 806
Ga. Ct. App.2012Background
- Jackson and Marcus Monger robbed a T-Mobile store on September 29, 2005 with handguns, demanding victims move to the back and later leaving with cash and phones.
- Jackson beat one victim, Irfan Maya, on the head while the other two victims were confined in a bathroom.
- Maya suffered severe brain injuries; he remained unconscious/semi-comatose for weeks and has memory deficits.
- The jury convicted Jackson of three counts armed robbery, one count aggravated battery, and one count of possessing a firearm during a felony; the trial court instructed that the skull-removal issue was not for the jury.
- On appeal, the court assessed sufficiency of the evidence and trial counsel performance under established standards, noting waiver of certain evidentiary objections.
- The judgment was affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence for aggravated battery | Jackson contends brain injury evidence is insufficient | State asserts sufficient proof of brain injury impairing functioning | Evidence supports aggravated battery verdict |
| Sufficiency of evidence for armed robbery of Maya | Jackson challenges ownership/possession of taken property | State proves property taken from immediate presence of victim; robbery commitment | Sufficiency of evidence established for armed robbery |
| Waiver of evidentiary objections based on prior robbery testimony and in-custody statements | Jackson did not timely object; claims preserved? | Failure to object results in waiver | Objections waived; no reversal for these evidentiary issues |
| Ineffective assistance of counsel regarding objections | Counsel should have objected to improper testimony | Counsel's strategy acceptable; no prejudice shown | No ineffective assistance; outcome not likely affected |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. Supreme Court 1979) (sufficiency standard for conviction review)
- Miller v. State, 275 Ga. 730 (Ga. 2002) (brain injury can show aggravated battery when impairing brain function)
- Scott v. State, 243 Ga.App. 383 (Ga. App. 2000) (memory lapses/nerve damage support aggravated battery)
- Griffin v. State, 170 Ga.App. 287 (Ga. App. 1984) (brain injury from blows to head sufficient)
- Ward v. State, 304 Ga.App. 517 (Ga. App. 2010) (robbery against possession; immediate presence rule)
- Hester v. State, 287 Ga.App. 434 (Ga. App. 2007) (contemporaneous objection rule waiver)
- Capps v. State, 273 Ga.App. 696 (Ga. App. 2005) (contemporaneous objection rule waiver)
- Westmoreland v. State, 287 Ga. 688 (Ga. 2010) (trial strategy in objections deemed reasonable)
- Kay v. State, 306 Ga.App. 666 (Ga. App. 2010) (tactical decision not to object not ineffectiveness)
- Crawford v. State, 294 Ga.App. 711 (Ga. App. 2008) (claim requires prejudice showing)