Jackson v. State
309 Ga. App. 24
| Ga. Ct. App. | 2011Background
- Jackson was convicted in Georgia of hijacking a motor vehicle, possession of a firearm during the commission of a felony, and theft by receiving; he appeals the hijacking and firearm convictions as insufficient evidence and his ineffective assistance claim as trial counsel error.
- The incident began at about 2:00 a.m. when the Maxima owner, who had unlocked his car but not given permission to drive, saw his car being driven away after the gunman demanded he back off.
- Police located the Maxima minutes later with five occupants; Jackson fled from the driver’s seat and was apprehended, with items stolen from another car found on his person and in the car.
- A handgun and other stolen items (cell phones, iPods, CDs, digital camera) were recovered from the Maxima and the area; the owner identified Jackson as the driver both at the scene and in court.
- The jury found ghosted or tainted identifications, but the court held the hijacking statute requires obtaining a vehicle while in the presence of the owner, and Jackson had obtained possession before the gun was pointed, leading to reversal of both hijacking and firearm possession convictions; theft by receiving was affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of hijacking evidence | Jackson contends he did not obtain the car by force while in possession of a firearm. | State relies on possession at time of taking with gun later pointed at owner to satisfy hijacking. | Hijacking reversed; evidence insufficient to prove obtaining by force with gun. |
| Sufficiency of possession of firearm during commission of a felony | Based on reversed hijacking, predicate felony not proven for §16-11-106(b). | Hijacking sufficiency supports firearm charge as predicate. | Reversed due to lack of valid predicate felony proof. |
| Ineffective assistance of counsel | Lineup and in-court identifications were impermissibly suggestive and tainted trial. | Counsel failed to suppress tainted identifications; prejudice shown. | No reasonable probability of different outcome; claim rejected. |
Key Cases Cited
- Bradford v. State, 223 Ga.App. 424, 477 S.E.2d 859 (1996) (elements of hijacking; evidence of firearm possession before taking insufficient)
- Haugland v. State, 253 Ga.App. 423, 560 S.E.2d 50 (2002) (weapon requirement tied to taking; must precede/contemporaneous with taking)
- Heard v. State, 287 Ga.554, 697 S.E.2d 811 (2010) (armed robbery and use of weapon in immediate presence; interpretation guidance)
- Jackson v. Virginia, 443 U.S. 307 (1979) (sufficiency standard for federal due process review of evidence)
- Kell v. State, 252 Ga.App. 494, 555 S.E.2d 819 (2001) (definition of obtainment in hijacking context)