State v. Jackson, 799 N.W.2d 461

Background

Jackson, age 15, was charged with attempted first-degree intentional homicide and tried in adult court after a reverse waiver petition was denied.
The State later moved to include recklessly endangering safety while armed as a lesser included offense; defense objected; trial court allowed the instruction and Jackson was convicted of the lesser offense.
On May 28, 2008, Jackson fired at Christopher Brown, missed, with multiple witnesses present including Brown's stepfather who identified Jackson as shooter.
Jackson moved to suppress statements to police; the interrogation was recorded; the Miranda waiver issue was litigated; statements were admitted at trial.
After trial, Jackson was sentenced in adult court; a postconviction motion was denied; this appeal challenges multiple alleged errors, including the lesser included offense ruling.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether recklessly endangering safety while armed is a lesser included offense	Jackson contends no lesser included status exists because ‘while armed’ adds an element/penalty issue	Jackson argues trial counsel should have objected under Carrington I as unsettled law	Waiver found; conviction sustained as proper lesser included under unsettled-law rationale
Ineffective assistance for failing to object to the lesser included	Jackson asserts ineffective assistance if Carrington I required objection	State contends counsel's failure was reasonable given unsettled law and fact posture	No ineffective assistance; trial counsel not deficient given unsettled law and limited record
Admission of Jackson's police statements	Statements were involuntary due to coercive police tactics and misrepresentations	Totality of circumstances does not render statements involuntary	Statements admissible; totality supports voluntariness
Prosecutor's closing arguments	Prosecutor made improper comments about witness credibility and possible gang insinuations	Arguments were within permissible latitude and trial counsel strategically declined objections	No plain error or ineffective assistance; arguments within constitutional closing boundaries
Post-trial reverse waiver burden and due process	State’s charging in adult court affected burden of proof for reverse waiver	Jackson cites equal protection due process concerns from disparate origins of charging	No due process/equal protection violation; burden properly placed and justified by procedural posture

Key Cases Cited

Hawthorne v. State, 99 Wis. 2d 673 (Wis. 1981) (recklessly endangering safety as lesser included offense example)
State v. Carrington (Carrington I), 130 Wis. 2d 212 (Ct. App. 1986) (while armed treated as element; later reversed in Carrington II)
State v. Carrington (Carrington II), 134 Wis. 2d 262 (Wis. 1989) (discussed element status of 'while armed' and settled approach post-Carrington I)
State v. Holt, 128 Wis. 2d 110 (Ct. App. 1985) (recognizes discretionary affirmance in some postconviction contexts)
State v. Weeks, 165 Wis. 2d 200 (Ct. App. 1991) (explains recklessly endangering safety as related to endangering safety by conduct regardless of life)
State v. Maloney, 281 Wis. 2d 595 (Wis. 2005) (unsettled law and objective reasonableness standards in failure-to-raise issues)
State v. McMahon, 186 Wis. 2d 68 (Ct. App. 1994) (two-way split analysis when law is unsettled)
State v. Jerrell C.J., 283 Wis. 2d 145 (Wis. 2005) (juvenile confession voluntariness balancing test)
State v. Draize, 88 Wis. 2d 445 (Wis. 1979) (prosecutor closing argument latitude and boundaries)
State v. Cooks, 297 Wis. 2d 633 (Wis. 2006) (trial strategy in not objecting to preserve trial focus)
State v. Harris, 326 Wis. 2d 685 (Wis. 2010) (court's treatment of precedential value after Blum)
State v. Villarreal, 153 Wis. 2d 323 (Ct. App. 1989) (addressed 'while armed' as element in similar factual scenario)