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Jackson v. Commonwealth

Court of Appeals of Kentucky

January 4, 2019

DARRELL JACKSON APPELLANT
v.
COMMONWEALTH OF KENTUCKY APPELLEE

         TO BE PUBLISHED

          APPEAL FROM JEFFERSON CIRCUIT COURT HONORABLE OLU A. STEVENS, JUDGE ACTION NO. 13-CR-000616

          BRIEFS FOR APPELLANT: Andrea Reed Andy Beshear Assistant Public Advocate Attorney General of Kentucky

          BRIEF FOR APPELLEE: Frankfort, Kentucky Leilani K. M. Martin Assistant Attorney General Frankfort, Kentucky

          BEFORE: COMBS, D. LAMBERT, AND SMALLWOOD, [1] JUDGES.

          OPINION

         LAMBERT, D., JUDGE: Darrell Jackson appeals from the Jefferson Circuit Court's order entered January 20, 2017, denying his motion to vacate sentence pursuant to RCr[2] 11.42. Having concluded the trial court properly denied

         Jackson's motion as to his ineffective assistance of appellate counsel (IAAC) claim regarding the failure to raise prosecutorial misconduct, we affirm in part. However, we also conclude Jackson is entitled to an evidentiary hearing, and to have factual findings and legal conclusions entered in the record, on his IAAC juror misconduct claim. Therefore, we also vacate in part and remand for an evidentiary hearing and further proceedings on juror misconduct.

         A jury convicted Jackson of first-degree manslaughter and the trial court imposed the sentence of twenty years' imprisonment. We adopt the facts as set forth by the Supreme Court of Kentucky on Jackson's direct appeal:

The facts relevant to this appeal are not contested. Appellant on several occasions sold heroin to Michael Chester and his wife, Ashley. Based upon their ongoing commercial relationship, Appellant agreed to "front" heroin to Chester, meaning that he would supply Chester with a quantity of heroin and then collect the cash payment at a later time.
When notified that Chester was ready to pay, Appellant went to Chester's apartment to collect payment for a recently delivered quantity of heroin. After Chester tendered only partial payment on his account, an argument began and a physical altercation ensued. From an adjoining room, Ashley heard Appellant and Chester quarrelling about money. She heard scuffling sounds she described as "wrestling around" and "smacking." When she heard a gunshot, she ran into the room and saw Chester lying on the floor with Appellant standing over him, his right hand in his coat pocket. She also saw a box cutter tool that Chester carried to work lying on the floor nearby. Appellant fled immediately but was arrested a short time later.
Appellant testified that when he rejected Chester's partial payment and demanded payment in full, Chester grabbed him, shoved him to the floor, and then came at him with what Appellant believed to be a pocket knife. Appellant testified that in order to protect himself, he reached for the gun in his coat pocket and intentionally shot Chester. Appellant said that he then panicked and left the scene.
Although the trial court instructed the jury upon the theory of self-defense, it declined Appellant's request for an additional instruction on the "no duty to retreat" qualification of self-defense codified in KRS[3]503.055(3). The jury rejected Appellant's self-defense claim and found him guilty of first-degree manslaughter. The jury recommended the maximum sentence of twenty years' imprisonment and judgment was entered accordingly.

         Jackson v. Commonwealth, 481 S.W.3d 794, 795-96 (Ky. 2016) (footnote added).

         The Supreme Court of Kentucky affirmed Jackson's conviction on direct appeal. Id. at 796. The issues Jackson ...


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