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68 So. 3d 218

Jackson v. State

Court of Criminal Appeals of Alabama

Decided December 17, 2010

Court of Criminal Appeals of Alabama · decided 2010-12-17

Cited by 1 later decisions — most recently February 2014

1 state decisions

Key passage — most relied on by later courts

““This Court unanimously affirmed Esaw Jackson’s convictions for three counts of capital murder and for two counts of attempted murder and his resulting sentence of death for the capital-murder convictions and consecutive sentences of life imprisonment for the attempted-murder convictions. See Jackson v. State, 68 So.Bd 201 (Ala.Crim.App.2009). Jackson petitioned the Alabama Supreme Court for certiorari review. On September 24, 2010, the Alabama Supreme Court found that the ‘expression of anguish and the inseparable inadmissible opinion and victim-impact testimony’ by the victim’s mother rose to the level of plain error. Ex parte Jackson, 68 So.3d 211, 218 (Ala.2010). Thus, the Supreme Court reversed this Court’s judgment and remanded this case for this Court to remand it to the trial court for a new trial. Therefore, in accordance with the directions of the Alabama Supreme Court, the circuit court’s judgment is reversed, and this case is remanded for a new trial.””

quoted by 1 later decision, including Jackson v. State

Relies on 68 So. 3d 211 - Jackson v. State · 68 So. 3d 201 - Jackson v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2010-12-17

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¶1 On Remand from the Alabama Supreme Court

MAIN, Judge.

¶2 This Court unanimously affirmed Esaw Jackson’s convictions for three counts of capital murder and for two counts of attempted murder and his resulting sentence *219 of death for the capital-murder convictions and consecutive sentences of life imprisonment for the attempted-murder convictions. See Jackson v. State, 68 So.3d 201 (Ala.Crim.App.2009). Jackson petitioned the Alabama Supreme Court for certiorari review. On September 24, 2010, the Alabama Supreme Court found that the “expression of anguish and the inseparable inadmissible opinion and victim-impact testimony” by the victim’s mother rose to the level of plain error. Ex parte Jackson, 68 So.3d 211, 218 (Ala.2010). Thus, the Supreme Court reversed this Court’s judgment and remanded this case for this Court to remand it to the trial court for a new trial. Therefore, in accordance with the directions of the Alabama Supreme Court, the circuit court’s judgment is reversed, and this case is remanded for a new trial.

¶3 REVERSED AND REMANDED.

WISE, P.J., and WELCH, WINDOM, and KELLUM, JJ-, concur.
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