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Jackson v. State

During appellant's six-day jury trial for capital murder, the state spent approximately two-and-a-half days on rebuttal providing evidence that, as an extraneous offense, appellant committed an armed robbery of a grocery store in Marshall approximately a month after the charged murder. The state maintains that proof of the grocery robbery was admissible to prove identity or intent or to rebut a defensive theory. The Texarkana Court of Appeals held that the trial error in admitting evidence concerning the grocery robbery, and the error was harmful. Texarkana Court of Appeals, No. 06-09-00115-CR, 08-16-2010

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Before Morriss, C.J., Carter and Moseley, JJ.

OPINION

During Desmond Dewayne Jackson’s six-day jury trial for capital murder arising from a robbery and shooting of Melvin Brad Mitchell in the parking lot outside Cash America Pawn in Longview, the State spent approximately two and a half days, on rebuttal, providing evidence that, as an extraneous offense, Jackson committed an armed robbery of a Kroger grocery store in Marshall approximately a month after the charged murder. Though the State does not claim that the Kroger robbery is so similar to the pawn shop murder as to be a “signature” crime, it maintains that proof of the Kroger robbery was admissible to prove identity or intent or to rebut a defensive theory.

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