Background

• January 23, 2007: Boyer, a veterinary clinic technician, is sexually assaulted and murdered; Jackson’s DNA matches the semen found at the scene.
• Jackson lived near the clinic and was observed on Wells Road around the time of the crime, establishing opportunity.
• Jackson was indicted March 9, 2007 for first-degree murder and sexual battery; at trial a lengthy custodial interrogation videotape was admitted with redactions to 37 minutes.
• The two-hour interrogation featured detectives repeatedly expressing their personal beliefs about Jackson’s guilt and character of the victim.
• Jackson was convicted of first-degree murder and sexual battery; the trial court sentenced him to death; this Court reverses and remands for a new trial due to reversible guilt-phase error from the videotaped interrogation.

Issues

Key Cases Cited

• Seibert v. State, 923 So.2d 460 (Fla. 2006) (police opinion evidence invades jury’s province)
• Williams v. State, 967 So.2d 735 (Fla. 2007) (abuse of discretion with evidentiary rulings guided by evidence rules)
• Martinez v. State, 761 So.2d 1074 (Fla. 2000) (witness opinions on guilt generally inadmissible)
• Glendening v. State, 536 So.2d 212 (Fla. 1988) (police opinions risk unfair prejudice)
• Pausch v. State, 596 So.2d 1216 (Fla. 2d DCA 1992) (police statements indicating guilt can be reversible error)
• Tumblin v. State, 29 So.3d 1093 (Fla. 2010) (air of authority of police testimony affects weight of evidence)
• McWatters v. State, 36 So.3d 613 (Fla. 2010) (context of interrogation admissibility; not hearsay when to provide context)
• DiGuilio v. State, 491 So.2d 1129 (Fla. 1986) (harmless error standard for trial errors)
• Taylor v. State, 855 So.2d 1 (Fla. 2003) (opening statements do not open door to rebuttal of evidence)
• Gorby v. State, 630 So.2d 544 (Fla. 1993) (penalty-phase instructions on noncapital offenses)