FROM JEFFERSON CIRCUIT COURT HONORABLE OLU A. STEVENS, JUDGE
ACTION NO. 13-CR-000616
FOR APPELLANT: Andrea Reed Andy Beshear Assistant Public
Advocate Attorney General of Kentucky
FOR APPELLEE: Frankfort, Kentucky Leilani K. M. Martin
Assistant Attorney General Frankfort, Kentucky
BEFORE: COMBS, D. LAMBERT, AND SMALLWOOD,  JUDGES.
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 11.42. Having
concluded the trial court properly denied
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.
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 KRS503.055(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.
v. Commonwealth, 481 S.W.3d 794, 795-96 (Ky. 2016)
Supreme Court of Kentucky affirmed Jackson's conviction
on direct appeal. Id. at 796. The issues Jackson