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Jackson v. State

Even if the defendant's arrest violated his Fourth Amendment rights, he was not entitled to a new trial because he did not claim that his conviction rested upon evidence seized as a result of his arrest.

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A Decatur County jury convicted Anthony Otto Jackson of armed robbery, burglary and false imprisonment. Jackson was granted an out-of-time appeal on October 16, 1997. He subsequently filed a motion for new trial, which was denied on April 30, 1999, and now appeals. For reasons which follow, we affirm.

The evidence shows that the victim was awakened at 3:00 a.m. on October 21, 1994, by two men at her back door. They asked if “John” was home. The victim said no, but the men forced their way into the house. One of the men wore a red bandana over his face, and the other wore a black stocking on his head. The victim recognized the man wearing the red bandana as Jackson, although she knew him by the names of “Tony Williams” and “Tony Johnson.” She identified Jackson’s accomplice as Kenya Thomas, and she recognized a third man standing outside her back door, Jimmy Lee Wilson, by the sound of his voice. The victim had seen the three men at a local store earlier in the day, and Jackson and Kenya were still wearing the same clothes. The victim was personally acquainted with Jackson, and he had visited her at her house.

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