Jackson v. State
316 Ga. App. 588
Ga. Ct. App.2012Background
- Anthony Jackson was convicted by a jury of two counts of aggravated assault, two counts of aggravated battery, and burglary; the trial court denied his new-trial motion.
- The offenses arose from a January 15, 2006 knife-and-bat attack on Jackson’s former girlfriend and her new boyfriend in the girlfriend’s Chatham County apartment, causing paralysis to the boyfriend and extensive injuries to the girlfriend.
- Jackson and the female victim had an on-and-off relationship for years, including a period when they lived together; after their latest breakup, the girlfriend changed the apartment locks.
- The victims testified at trial; Jackson did not testify but presented witnesses about habitation; the jury returned guilty verdicts and the aggravated assault convictions were merged into aggravated battery for sentencing.
- Jackson filed a motion for new trial, which the trial court denied, leading to this appeal on multiple asserted errors; the appellate court affirms.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence to convict | Jackson: insufficient evidence for aggravated battery and related offenses | State: evidence supports elements; victims’ testimony enough | Evidence sufficient to sustain convictions |
| Burglary indictment defect | Jackson: count labeled as aggravated battery makes indictment defective | State: labeling immaterial; averments sufficient under statute | Count 5 survived general demurrer; indictment sufficient to charge burglary |
| Impeachment with first offender plea | Jackson: should be able to impeach the boyfriend with his first offender plea | State: first offender status not admissible for general credibility; admissible for bias | Trial court did not err in limiting impeachment; not reversible as to prejudice |
| Trial court charging errors (offensive weapon, count labeling, justification) | Jackson: several charged errors merit reversal | State: no plain error or preservation issues; curable or harmless | No reversible plain error; defense objections not preserved or lack of prejudice |
| Ineffective assistance of counsel | Jackson: multiple deficient performances | State: no prejudice shown; tactical decisions respected | No reversible deficient performance shown; judgment affirmed |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. Supreme Court 1979) (sufficiency standard: rational jury could find elements beyond reasonable doubt)
- Grace v. State, 210 Ga. App. 718 (Ga. App. 1993) (scar evidence supports disfigurement determination)
- Barfield v. State, 170 Ga. App. 796 (Ga. App. 1984) (credibility and disfigurement issues for jury resolution)