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Jackson v. State

Improper testimony regarding the defendant's prior incarceration prejudiced his right to a fair trial.

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Anthony Albert Jackson was convicted of two counts of aggravated assault, two counts of aggravated battery, and burglary.1 He appeals, arguing the trial court erred by denying his motion for new trial. The transcript shows the following: On January 15, 2006, Darryl Wall was spending the night with Nicole Chisholm at her apartment. Wall testified he stayed there two to three times a week, although he did not keep any belongings there, and that they had an on-again, off-again relationship for several years. Wall testified that they had just finished having sex2 and that he had his eyes shut and was trying to go to sleep when Jackson, with whom Chisholm also had an on-again, off-again relationship spanning approximately a decade, came into the bedroom, attacking him with a knife. Wall testified that he was on his back when Jackson came into the room, and that he had just started to sit up when Jackson stabbed him between the shoulder blades; the blade lodged in his back and the handle came off as he and Jackson continued to struggle. Wall was paralyzed as a result of this injury.

On direct examination, Wall testified that Jackson tried to reach for a bat that Chisholm kept beside the bed but that no one put their hands on the bat that night. On cross-examination he acknowledged that in a previous hearing he had testified that there was no bat, but on further cross-examination he admitted that there was a bat in the room and that he and Jackson struggled over the bat.3 Wall further testified that after he and Jackson “tussled” for a few more minutes, Jackson ran down the stairs and Chisholm followed him. When she returned upstairs, there were multiple cuts over her entire body.

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