Jackson v. State
321 Ga. App. 607
Ga. Ct. App.2013Background
- Jackson was convicted of selling cocaine under OCGA § 16-13-30 in Pulaski County.
- He appeals denial of his motion for a new trial, asserting ineffective assistance for failure to object to improper character evidence.
- The challenged evidence is Lawson’s remark on the audio-video recording: “the one that shot Freak Nasty in the stomach.”
- Lawson, an undercover confidential informant, wore a recording device; drugs were purchased and recorded, and cocaine from Jackson tested positive.
- Trial counsel testified he did not hear the remark and would have objected if he had; Jackson and his grandmother testified they heard it during trial.
- The trial court allowed jurors to review a portion of the video; the remark’s impact on the verdict is disputed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| IAC for failing to object to remark | Jackson | Jackson | No prejudice; failure to object not resulting in different verdict |
| Prejudice under Strickland in improper character evidence | Jackson | Jackson | Insufficient reasonable probability that verdict would differ |
| Plain error from court's failure to sua sponte instruct disregard | Jackson | Jackson | No plain error; no impact on verdict |
Key Cases Cited
- Johnson v. State, 275 Ga. 508 (Ga. 2002) (admissibility of character evidence to protect fair trial)
- Ward v. State, 304 Ga. App. 517 (Ga. App. 2010) (prejudice from character evidence in violent-crime context)
- Merritt v. State, 255 Ga. 459 (Ga. 1986) (gratuitous, prejudicial prior testimony prejudicial)
- Kalb v. State, 276 Ga. App. 394 (Ga. App. 2005) (inherently prejudicial open-record evidence prejudice)
- Kitchens v. State, 289 Ga. 242 (Ga. 2011) (overwhelming evidence negating prejudice from error)
- Pilkington v. State, 298 Ga. App. 317 (Ga. App. 2009) (overwhelming evidence limits prejudice from improper evidence)
- Emilio v. State, 263 Ga. App. 604 (Ga. App. 2003) (improper evidence affecting witness credibility analysis)
- Whitaker v. State, 276 Ga. App. 226 (Ga. App. 2005) (probative value vs prejudice in improper testimony)
- Culpepper v. State, 302 Ga. App. 370 (Ga. App. 2010) (video corroboration of informant testimony in drug case)
- Williams v. State, 312 Ga. App. 693 (Ga. App. 2011) (co-conspirator/undercover-weapons corroboration limiting prejudice)