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Jackson v. State

The defendant admitted killing the victim and assisted police in locating the body.

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Marshall Jackson was convicted of the malice murder of Tommy Jordan III.1 He appeals from the denial of his motion for new trial, and we affirm. 1. The evidence authorized the jury to find that on the day of the murder Jackson and the victim argued about the whereabouts of certain car stereo speakers belonging to the victim. Jackson and the victim then rode bicycles into a wooded area where Jackson fatally shot the victim in the head and face. Jackson admitted to several friends that he killed the victim, and after his arrest, he showed police the location of the body, the bicycles, and the shovel he used in an attempt to bury the victim. Viewed in the light most favorable to the verdict, the evidence was sufficient for the jury to conclude that Jackson was guilty beyond a reasonable doubt of the crime charged. Jackson v. Virginia , 443 U.S. 307 99 SC 2781, 61 LE2d 560 1979.

2. Jackson contends that trial counsel was ineffective in that he failed to investigate and take photographs of the crime scene, failed to consult with Jackson regarding trial strategy, and failed to impeach the State’s witnesses. In order to prevail on a claim of ineffective assistance of counsel, a criminal defendant must show that counsel’s performance was deficient and that the deficient performance so prejudiced the defendant that there is a reasonable probability, i.e., a probability sufficient to undermine confidence in the outcome, that but for counsel’s unprofessional errors the result of the proceeding would have been different. Strickland v. Washington , 466 U.S. 668 104 SC 2052, 80 LE2d 674 1984; Smith v. Francis , 253 Ga. 782, 783 325 SE2d 362 1985. “The criminal defendant must overcome the strong presumption that trial counsel’s conduct falls within the broad range of reasonable professional conduct. Cit.” Chapman v. State , 273 Ga. 348, 350 2 541 SE2d 634 2001.

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