Jacobson, Jonathan
2013 Tex. Crim. App. LEXIS 254
| Tex. Crim. App. | 2013Background
- Appellant Jacobson was convicted of aggravated sexual assault of a child involving twelve-year-old B.P.
- Evidence showed a sexual relationship lasting about eight months beginning when Jacobson was twenty.
- CPS investigated after B.P. disclosed the relationship; investigators obtained love letters and transcripts of her admission.
- During trial, defense highlighted Detective Mayer's comments; prosecutor responded with arguments about a witch-hunt theme.
- At punishment, Jacobson testified and admitted the relationship, claiming B.P. taught him some aspects; jury sentenced him to 45 years.
- Court of Appeals held De Garmo (as modified by Leday) barred review of guilt-stage errors due to the punishment-stage confession; court remanded for merits review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Leday extends to all guilt-stage errors | Jacobson: Leday should extend to broader guilt-stage errors | State: Leday not extend beyond specified errors | Leday applies to all rights, waiving De Garmo across guilt-stage errors |
| Whether De Garmo remains viable after Leday | Jacobson: De Garmo should be overruled entirely | State: De Garmo retains some limited utility | De Garmo overruled; De Garmo burial; Leday framework applies to all rights |
| Whether the punishment-stage admission affects appellate review of guilt-stage errors | Jacobson: admission should not bar review | State: admission waives review under De Garmo | Punishment-stage admission does not bar review of guilt-stage errors; merits remand |
Key Cases Cited
- De Garmo v. State, 691 S.W.2d 657 (Tex. Crim. App. 1985) (waiver of guilt-stage review after punishment-stage confession)
- Leday v. State, 983 S.W.2d 713 (Tex. Crim. App. 1998) (extends Leday to broaden non-waiver rights; rejects De Garmo waiver for many errors)
- McGlothlin v. State, 896 S.W.2d 183 (Tex. Crim. App. 1995) (dissent criticizing De Garmo; relevant to whether De Garmo survives Leday)
- Reyes v. State, 994 S.W.2d 151 (Tex. Crim. App. 1999) (De Garmo issue not controlling for guilt/punishment interplay)
- Mosley v. State, 983 S.W.2d 249 (Tex. Crim. App. 1998) (harm analysis for improper jury argument under Rule 44.2(b))