State v. Jackson
2017 Ohio 278
| Ohio Ct. App. | 2017Background
- In November 2013 two masked men entered A.K.’s home; A.K. was shot and killed; A.S. was shot in the head but survived. Police recovered victims’ property in a box in a basement room rented by Travaski Jackson. Jackson admitted presence to police the day after the crimes.
- Grand jury indicted Jackson on multiple counts including murder, attempted murder, aggravated robbery/burglary, kidnapping, tampering with evidence, and weapons-under-disability, many with firearm specifications.
- Jury convicted Jackson of all counts except aggravated murder (deadlocked); trial court dismissed aggravated murder, merged certain counts/specifications, and imposed life with parole eligibility after 15 years plus consecutive and additional terms.
- Key testimonial evidence: A.S. identified Jackson in court and by a distinctive voice heard in a prior residential program; accomplice J.J. testified Jackson planned/participated, held a gun to A.S., and brought victims’ property to Jackson’s rented room.
- Jackson raised seven assignments of error on appeal (Batson challenge to peremptory strike, discovery/surprise testimony, manifest-weight/renunciation of complicity, jury instruction on renunciation, exclusion of defense witnesses, denial of reopening to allow Jackson to testify, exclusion of a letter impeaching J.J.). The appellate court affirmed all convictions.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Jackson) | Held |
|---|---|---|---|
| 1. Batson challenge to State’s peremptory strike of Juror #20 | Strike was race-neutral (concern about juror’s speech/communication difficulties and possible health/stroke effects) | Strike was racially motivated (juror was African American) | Court: State’s reason race-neutral; no clear error in overruling Batson challenge. |
| 2. Admission of A.S.’s testimony identifying Jackson by voice (discovery/surprise) | Testimony admissible; State remedied by recess and reopening direct to allow further inquiry | Testimony was undisclosed prior witness statement; discovery violation warranted exclusion or remedy | Court: Trial judge acted within Crim.R.16(L) discretion; allowed further questioning and cross-examination; no abuse of discretion. |
| 3. Manifest weight / sufficiency; renunciation (complicity termination) | State: evidence supports complicity from planning through robbery, murder, and possession of victims’ property | Jackson: he renounced participation (statements to A.S. suggested intent to let him go) and thus cannot be convicted as accomplice | Court: Evidence showed continuous involvement; renunciation affirmative defense not established by sufficient evidence; convictions not against manifest weight. |
| 4. Duty to give renunciation/termination jury instruction | Instruction unnecessary because no evidence raised the affirmative defense question | Required when defendant produces sufficient evidence to raise reasonable juror doubt | Court: No sufficient evidence of renunciation; no plain error in failing to instruct. |
| 5. Exclusion of three defense witness testimonies (timeline/alibi relevance) | Witnesses would place Jackson before 11:30 p.m., not an alibi for 4:00 a.m. crimes; testimony collateral/impeachment | Testimony relevant to timeline and challenged J.J.’s timing recollection | Court: Exclusion within trial court discretion; even if error it was not materially prejudicial. |
| 6. Denial to reopen defense so Jackson could testify | State: trial court effectively managed proceedings and Jackson had earlier waived testimony | Jackson: sought to reopen to testify after defense rested | Court: Assignment inadequately argued on appeal; court declines to construct argument; overruled. |
| 7. Exclusion of letter from J.J. to judge (impeachment/bias) | Letter cumulative; J.J. was cross-examined extensively about contents and bias | Letter shows motive/bias and should be admitted as extrinsic evidence under Evid.R.616(A) | Court: Trial court did not abuse discretion; cross-examination covered letter’s substance; exclusion not erroneous. |
Key Cases Cited
- Batson v. Kentucky, 476 U.S. 79 (prohibits race-based peremptory strikes)
- Foster v. Chatman, 136 S. Ct. 1737 (reiterates Batson three-step framework)
- Snyder v. Louisiana, 552 U.S. 472 (Batson step framework)
- Hernandez v. New York, 500 U.S. 352 (appellate review: clear-error standard for Batson determinations)
- Miller-El v. Dretke, 545 U.S. 231 (disparate treatment and patterns in Batson analysis)
- State v. Otten, 33 Ohio App.3d 339 (manifest-weight standard)
- State v. Shabazz, 146 Ohio St.3d 404 (complicity principles and R.C. 2923.03)
- State v. Getsy, 84 Ohio St.3d 180 (when affirmative-defense instructions are required)
- State v. Comen, 50 Ohio St.3d 206 (trial court must give jury all relevant and necessary instructions)
- State v. Barnes, 94 Ohio St.3d 21 (plain-error review framework)