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Jackson v. State

Court of Criminal Appeals of Alabama
Dec 17, 2010
68 So. 3d 218 (Ala. Crim. App. 2010)

Opinion

No. CR-06-1398.

December 17, 2010.

Appeal from Jefferson Circuit Court (CC-06-2138; CC-06-2139; CC-06-2140; CC-06-2141), Gloria T. Bahakel, Judge.

Charles E. Caldwell, Birmingham; and Alicia A. D'Addarion and Randall S. Susskind, Montgomery, for appellant.

Troy king, atty, gen., and Thomas Govan, Jr., asst. atty. gen., for appellee.


On Remand from the Alabama Supreme Court


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, [Ms. CR-06-1398, Dec. 18, 2009] 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, [Ms. 1090679, Sept. 24, 2010] 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.

REVERSED AND REMANDED.

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


Summaries of

Jackson v. State

Court of Criminal Appeals of Alabama
Dec 17, 2010
68 So. 3d 218 (Ala. Crim. App. 2010)
Case details for

Jackson v. State

Case Details

Full title:Esaw JACKSON v. STATE of Alabama

Court:Court of Criminal Appeals of Alabama

Date published: Dec 17, 2010

Citations

68 So. 3d 218 (Ala. Crim. App. 2010)

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