Jackson v. State
292 Ga. 685
| Ga. | 2013Background
- Jackson shot victim Ashley White in Fulton County and later burned her car to conceal the death; body was found August 12, 2005 with remains in a car linked to victim by license plate and DNA testing confirms identity.
- Evidence shows argument during a ride on August 9, 2005; Amaker witnessed the shooting and reported it; appellant left the scene and later returned with others driving him; witnesses describe a burning car in Fulton County area.
- Victim identified by belt buckle, ring, necklace; clothing tested positive for gasoline; FBI mtDNA testing linked remains to victim’s mother; medical examiner determined death by gunshot before burning; jury found appellant guilty of multiple charges including malice murder and arson.
- At trial, the State introduced Bennie Grissom’s testimony of appellant’s confession to him; the defense challenged a videotape of a non-custodial statement and questions about prior drug arrest; the court issued curative instructions when necessary.
- Appellant was originally sentenced to life for malice murder plus additional terms; on appeal, the court vacated the ten-year arson sentence and remanded for misdemeanor tampering sentencing; judgment affirmed in part and vacated in part, remanded for resentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Venue of the crimes | Jackson argued Fulton County improper venue | State proved proper venue under Lanham | Venue proven beyond reasonable doubt |
| Admissibility of videotape evidence | Video was irrelevant and prejudicial | No contemporaneous objection; defense cross-examined; footage admissible | Not reversible error; no burden to review due to waiver |
| Hearsay/bolstering via Bennie Grissom testimony | Testimony constituted hearsay and bolstering | Bennie testified under oath; veracity tested on cross-examination | Not error; admissible prior statement corroboration over objected bolstering not preserved |
| Tampering with evidence sentencing | Tampering conviction as felony; question on sentencing | Tampering was misdemeanor; felony vacated | Ten-year sentence vacated; remanded for resentencing on misdemeanor tampering |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (sufficiency of evidence standard)
- DeLeon v. State, 289 Ga. 782 (Ga. 2011) (tampering statute interpretation)
- White v. State, 287 Ga. 713 (Ga. 2010) (admissibility issues on tapes; bolstering limits)
- Stolte v. Fagan, 291 Ga. 477 (Ga. 2012) (contemporaneous objection requirement for appellate review)
- Culler v. State, 277 Ga. 717 (Ga. 2004) (plain error review and evidentiary challenges)