State v. Jackson

173 A.3d 974, 178 Conn. App. 16
CourtConnecticut Appellate Court
DecidedNovember 7, 2017
DocketAC36790
StatusPublished
Cited by7 cases

This text of 173 A.3d 974 (State v. Jackson) is published on Counsel Stack Legal Research, covering Connecticut Appellate Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Jackson, 173 A.3d 974, 178 Conn. App. 16 (Colo. Ct. App. 2017).

Opinion

ELGO, J.

This criminal appeal returns to this court following a remand by our Supreme Court.

State v. Jackson , 325 Conn. 917 , 163 A.3d 617 (2017). On remand, the Supreme Court has directed this court to consider the merits of the claim of the defendant, Troy Jackson, that the trial court committed plain error in failing to provide a special accomplice credibility instruction to the jury. Id. We conclude that the defendant has not met his burden pursuant to the plain error doctrine and, accordingly, affirm the judgment of the trial court.

As this court noted in its earlier decision, the jury reasonably could have found, on the basis of the evidence adduced at trial, that "[o]n the evening of June 4, 2007, the victim, Julian Ellis, was standing with Sterling Cole on the corner of Lloyd and Exchange Streets in New Haven. The defendant approached the victim along with several unidentified individuals, including Nicholas Newton, and asked whether the victim was dealing drugs in the defendant's territory. After a short exchange, the victim fled. As he ran, the defendant shot him in the back multiple times, resulting in his death.

"The defendant was subsequently arrested and charged in a long form information with murder in violation of [General Statutes] § 53a-54a (a), criminal possession of a firearm in violation of General Statutes § 53a-217, and carrying a pistol or revolver without a permit in violation of General Statutes § 29-35. The defendant elected a jury trial on the murder charge and a court trial on the firearms charges. Following the presentation of evidence, the jury found the defendant guilty of murder and the court found the defendant guilty of the remaining charges. The court sentenced the defendant to a total effective term of sixty years incarceration. The defendant then filed the present appeal." State v. Jackson , 159 Conn. App. 670 , 672-73, 123 A.3d 1244 (2015), remanded, 325 Conn. 917 , 163 A.3d 617 (2017).

On appeal, the defendant raised two distinct claims. First, he asked this court to exercise its supervisory powers "to require trial courts to give a special credibility instruction when an incarcerated witness receives a benefit from the state in exchange for testimony regarding a crime that he claims he personally observed prior to his incarceration." Id., at 673 , 123 A.3d 1244 . This court declined to do so. Id., at 675, 123 A.3d 1244 . Second, the defendant claimed that "the [trial] court committed plain error when it failed to give a special accomplice credibility instruction as to the testimony of Cole and Newton." Id. Consistent with the precedent of our Supreme Court established in State v. Kitchens , 299 Conn. 447 , 482-83, 10 A.3d 942 (2011), 1 this court concluded that the defendant had waived review of that claim. State v. Jackson , supra, 159 Conn. App. at 677-79 , 123 A.3d 1244 . The defendant thereafter filed a petition for certification with our Supreme Court. 2

While that petition was pending, the Supreme Court issued its decision in State v. McClain , 324 Conn. 782 , 155 A.3d 209 (2017). In McClain , the court clarified that "a Kitchens waiver does not foreclose claims of plain error." Id., at 815, 155 A.3d 209 . In so doing, the court explained that "the policy behind the waiver rule in Kitchens is inapposite in the context of claims of plain error ...." Id.

In response, the defendant filed a motion for leave to amend his petition for certification with the Supreme Court. By order dated April 26, 2017, the court denied the defendant's request, but granted his petition and remanded his appeal "to the Appellate Court with direction to consider [his] claim of plain error in light of State v. McClain , [supra, 324 Conn. at 802 , 155 A.3d 209 ]." The parties thereafter filed supplemental briefs with this court on the issue of whether the defendant's conviction should be reversed pursuant to the plain error doctrine because the trial court "did not sua sponte give a special credibility instruction" to the jury. This court heard oral argument on that issue on September 8, 2017.

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Bluebook (online)
173 A.3d 974, 178 Conn. App. 16, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-jackson-connappct-2017.