Jackson v. State
2014 Ark. App. 415
Ark. Ct. App.2014Background
- Arkansas Court of Appeals, Division III, affirmed a conviction in a terroristic threatening case.
- Kim Jackson was charged with two counts of first-degree terroristic threatening stemming from jailhouse threats to two jailers, Thompson and Sneed.
- A jury acquitted Jackson on the Thompson count but convicted him on the Sneed count.
- Jackson did not timely preserve a sufficiency issue for the Sneed count with a proper directed-verdict motion.
- The court held that—because Jackson’s motion addressed only the Thompson charge and the Thompson acquittal precluded a separate preserved sufficiency argument—claims regarding the Sneed count were not preserved for review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Preservation of sufficiency challenge for Sneed | Jackson argues the Sneed count lacked sufficient evidence. | State contends the challenge on Sneed was not preserved at trial. | Not preserved; affirmed. |
Key Cases Cited
- Eastin v. State, 370 Ark. 10 (2007) (directed-verdict preservation requirement)
- Tryon v. State, 371 Ark. 25 (2007) (parties bound by trial objections; cannot broaden on appeal)