State of Tennessee v. Bennie Edward Jackson, Jr. a/k/a Benny E. Jackson, Jr.
M2016-02575-CCA-R3-CD
| Tenn. Crim. App. | Oct 5, 2017Background
- Defendant Bennie Edward Jackson, Jr. was convicted by a Davidson County jury of aggravated assault (strangulation) and sentenced to 8 years' imprisonment.
- Incident (Oct. 4, 2014): after an argument in a parked truck, the victim testified Jackson hit her, chased her, dragged her to the ground, placed his hands around her neck causing loss of consciousness, and she defecated while unconscious.
- Photos taken by police showed bruising to the victim’s face and neck and a damaged/loose tooth; the victim did not seek hospital treatment.
- Defense presented testimony (Defendant’s cousin) that contradicted parts of the victim’s account (no bowel incontinence observed; different sequence of events).
- At trial, jurors who disclosed potential bias (internet exposure to case-related information; hostility to domestic-violence cases) were excused. A motion in limine sought exclusion of evidence of prior allegations against Defendant; some witness statements alluding to prior incidents were made during testimony.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence of aggravated assault (strangulation) | State: Victim’s testimony and photos supported aggravated assault by strangulation | Jackson: Victim’s drinking, inconsistencies, lack of injuries on Defendant, and contradictory witness testimony undermine sufficiency | Affirmed: Evidence sufficient when viewed in light most favorable to State; jury credited victim’s testimony |
| Prejudicial comments during voir dire | State: Trial court properly excused biased jurors; no contemporaneous objection so issue waived | Jackson: Comments by venire members (internet info; anti-domestic-violence sentiment) tainted the panel and required new selection | Waived/no plain error: Defendant failed to contemporaneously object; excused jurors removed potential bias and remaining jurors affirmed impartiality |
| Inflammatory testimony about prior incidents | State: Trial court gave curative instruction for one statement; other statement waived | Jackson: Witnesses (victim’s daughter) volunteered that this wasn’t the first time and referenced multiple prior cases, violating motion in limine | Waived/harmless: One statement addressed by immediate curative instruction; Defendant failed to contemporaneously object to the other and thus waived the issue |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (1979) (standard for reviewing sufficiency of the evidence)
- State v. Goodwin, 143 S.W.3d 771 (Tenn. 2004) (appellate standard and review scope for sufficiency claims)
- Bolin v. State, 405 S.W.2d 768 (Tenn. 1966) (trial judge and jury are primary determiners of witness credibility)