Jackson v. State
316 Ga. App. 128
Ga. Ct. App.2012Background
- Jackson was charged in a single indictment with 2007 counts of aggravated battery (3) and aggravated assault (1), and with a 2008 count of aggravated assault on a law enforcement officer; the jury convicted the 2008 count and acquitted the 2007 counts.
- In 2007, Termaine Johnson identified Jackson as the shooter after a parking lot fight and gunshot at a restaurant; a warrant and be-on-the-lookout alert issued for Jackson.
- In 2008, Athens-Clarke County Police Officer Donnie Weller stopped Jackson after he attempted to flee in a vehicle; Jackson pointed a gun at Weller and was arrested; a 9mm handgun was recovered.
- Jackson pled not guilty at arraignment to all counts.
- Jackson moved for a new trial alleging improper severance of the 2008 count from the 2007 charges and seeking a mistrial; the trial court denied both, and Jackson appeals.
- The appellate court affirms, holding the severance was within the trial court’s discretion and denying the mistrial motion was not an abuse of discretion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Severance of 2008 count from 2007 counts | Jackson argues severance was required to prevent prejudice | State contends joinder proper due to connected acts and evidentiary overlap | No error; court discretion to deny severance where counts are connected or evidence would be admissible in each trial. |
| Denial of mistrial after reference to warrants | Weller’s mention of federal/probation warrants unfairly prejudiced Jackson | Curative instructions and brief, fleeting reference rendered mistrial unnecessary | No abuse of discretion; curative measures and lack of detailed information favored denial. |
| (If preserved) Ineffective assistance of counsel | Abandoned on appeal | Not argued with adequate analysis or authority | Deemed abandoned; no ruling on merits. |
Key Cases Cited
- Jackson v. State, 443 U.S. 307 (U.S. 1979) (relevance of severance and trial strategy (authority cited by court))
- Carruth v. State, 290 Ga. 342 (Ga. 2012) (abusive discretion in severance decisions (from 2012))
- Brown v. State, 303 Ga. App. 814 (Ga. App. 2010) (flight as admissible circumstance in guilt determinations)
- Woolfolk v. State, 282 Ga. 139 (Ga. 2007) (curative instructions and fleeting references deemed harmless)
- Boone v. State, 282 Ga. App. 67 (Ga. App. 2006) (be on the lookout alert and investigatory stops as context for admissibility)