Jackson v. State, 301 Ga. 774

In February 2009 a Fulton County grand jury indicted Valentino Jackson for malice murder, felony murder (predicated on aggravated assault and on possession of a firearm by a convicted felon), aggravated assault, possession of a firearm during the commission of a felony, and possession of a firearm by a convicted felon.
At trial (March 2010) witnesses placed Jackson at the scene; several testified they saw or heard Jackson shoot Willie Bailey in the back, and one witness observed Jackson fleeing with a pistol.
A witness also testified Jackson arrived at her residence shortly after the shooting with what appeared to be a bloodstain and changed clothes; the defendant’s alibi could not be corroborated.
The jury acquitted Jackson of malice murder but convicted him of the remaining counts; he was sentenced to life for felony murder plus consecutive weapon sentences (total life + 10 years).
Jackson moved for a new trial and later obtained an out-of-time appeal; he argues on appeal that (1) the prosecutor committed misconduct during closing by telling the jury “That’s the truth,” and (2) trial counsel was ineffective for failing to object to that remark.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Prosecutorial misconduct in closing	Prosecutor improperly vouched by stating “That’s the truth,” amounting to personal assessment of witness credibility.	State: comment was a permissible inference from the evidence, not personal vouching.	Not raised at trial; claim unpreserved for appeal.
Ineffective assistance for failing to object	Jackson: counsel deficient for not objecting to alleged vouching; prejudice follows.	State: no valid basis to object; comment was within permissible argument so counsel’s choice not to object was reasonable.	Counsel not ineffective: no deficient performance because prosecutor’s remark was a permissible argument.

Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency of the evidence review)
Atkinson v. State, 301 Ga. 518 (failure to object preserves error for appeal)
Scott v. State, 290 Ga. 883 (prosecutor may argue reasonable inferences including on credibility)
Mullins v. State, 270 Ga. 450 (preservation rules for appellate review)
Terry v. State, 284 Ga. 119 (ineffective assistance test stated)
Rector v. State, 285 Ga. 714 (failure to prove either Strickland prong is fatal)
Metts v. State, 270 Ga. 481 (distinguishing permissible argument from impermissible personal belief statements)
Fulton v. State, 278 Ga. 58 (counsel not ineffective for failing to object to prosecutor saying “That’s the truth, that’s what happened.”)
Mason v. State, 274 Ga. 79 (counsel not ineffective where prosecutor urged jury to find witness credible)
Bolden v. State, 272 Ga. 1 (reversible error where prosecutor vouched for an officer’s credibility)
Doyle v. State, 291 Ga. 729 (reiterating wide latitude afforded prosecutors in closing argument)