Jackson v. State
301 Ga. 866
| Ga. | 2017Background
- On Sept. 28, 2013, Rodney Jackson (first-offender probationer) was at an apartment when two teenage boys were discovered near a car; one boy, Gregory Jackson (15), was later found fatally shot with a 9mm.
- Witnesses (DeMar “Red” Hackler’s nephew Robert Stewart and the surviving teen) testified that Jackson ran after the boys and that Jackson shot the victim; surviving witness identified the shooter as “the guy with dreads” who had been with Red.
- Physical evidence linking Jackson to the shooting was absent; identification relied on eyewitness testimony and testimony about Jackson’s dreadlocks matching the shooter’s appearance.
- Jackson was indicted for malice murder and related firearm offenses; convicted by a DeKalb County jury and sentenced to life without parole plus consecutive firearm terms; other counts vacated/merged.
- Post-trial, Jackson argued (1) insufficiency of the evidence, (2) ineffective assistance for failure to call his mother, (3) improper admission of a partial jail-call recording, and (4) improperly admitted hearsay through the lead investigator explaining another officer’s statement.
Issues
| Issue | Plaintiff's Argument (Jackson) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Sufficiency of the evidence | Eyewitnesses inconsistent; no physical evidence; investigator failed to corroborate Stewart | Eyewitness testimony (Stewart + surviving teen) sufficed; credibility for jury | Convictions affirmed — evidence sufficient when viewed favorably to verdict (Jackson v. Virginia standard) |
| Ineffective assistance (mother not called) | Counsel’s failure to call mother deprived Jackson of potential impeachment of Stewart | Counsel investigated, concluded mother’s testimony would be irrelevant and made a strategic choice | No Strickland violation — counsel’s decision was a reasonable, informed strategy and no prejudice shown |
| Rule of Completeness (partial jail call played) | Excluding earlier denial/plea discussion made the excerpt misleading | The excluded portions (denial/plea talk) were unrelated and not necessary to fairly contextualize the Stewart-related portion | Admission of the partial recording was proper under OCGA § 24-1-106/24-8-822 — no unfairness requiring more of the call to be played |
| Hearsay via lead investigator relating another officer’s conclusion | Investigator impermissibly relayed another officer’s out-of-court statement to prove the eyewitness’s lack of evidentiary value | Testimony admissible to explain why lead investigator did not follow up; conduct of investigation was a material issue opened by defense | Admission was allowed to explain investigator’s conduct; not reversible error under Weems and related authority |
Key Cases Cited
- Johnson v. State, 296 Ga. 504 (corroborated eyewitness testimony can support conviction)
- Huff v. State, 300 Ga. 807 (jury resolves witness credibility; sufficiency standard)
- Jackson v. Virginia, 443 U.S. 307 (standard for reviewing sufficiency of the evidence)
- Strickland v. Washington, 466 U.S. 668 (two-prong test for ineffective assistance)
- Kimmelman v. Morrison, 477 U.S. 365 (counsel performance standards; heavy burden to show prejudice)
- Washington v. State, 294 Ga. 560 (informed strategic decisions by counsel not ineffective assistance)
- Allaben v. State, 299 Ga. 253 (Rule of Completeness limits and relevance requirement)
- United States v. Simms, 385 F.3d 1347 (Rule of Completeness — additional material must qualify or explain)
- Weems v. State, 269 Ga. 577 (limits on officers testifying about others’ statements; explanation-of-conduct exception)
- United States v. Jiminez, 564 F.3d 1280 (no substantial danger of unfair prejudice from similar testimony)