Jackson v. State
316 Ga. App. 80
Ga. Ct. App.2012Background
- Jackson appeals his jury convictions for armed robbery and a firearms charge; alleges trial counsel was ineffective.
- Evidence showed Jackson and co-defendant robbed a convenience store at gunpoint while wearing face coverings.
- Cousin identified the robbers from the parking lot; cashier and other witnesses corroborated and identified Jackson.
- Police recovered Jackson at his home; evidence linked him to the crime (burn mark, tattoo, matching cigarette pack numbers, clothing).
- Video surveillance partially obscured faces, but a co-defendant’s girlfriend testified she recognized the men from the video; she knew their clothing and walked patterns.
- Trial court sentenced Jackson to life for armed robbery, plus firearm-related terms; Jackson challenges trial counsel’s performance and severance decisions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance for admissible video ID testimony | Jackson | Admissible ID from video supported; no deficiency | No deficient performance; admissible testimony upheld |
| Ineffective assistance for failing to present alibi defense | Jackson | No credible alibi witnesses; strategic choice | No deficient performance; credibility findings upheld |
| Ineffective assistance for not severing co-defendant | Jackson | Severance would be futile; not prejudicial | No deficient performance; severance would not have helped |
Key Cases Cited
- Dawson v. State, 283 Ga. 315 (2008) (admissibility when video is poor and defendant appearance changed)
- Fults v. State, 274 Ga. 82 (2001) (failure to object to admissible evidence not ineffective assistance)
- Nations v. State, 290 Ga. 39 (2011) (standard for evaluating ineffectiveness claims)
- Lee v. State, 205 Ga. App. 139 (1992) (trial court findings on effectiveness given deference)