Jackson v. State
Jackson v. State
Opinion of the Court
SHAWN A. WOMACK, Associate Justice *358Pending before this court is petitioner Michael Dashun Jackson's pro se petition to reinvest jurisdiction in the trial court to consider a petition for writ of error coram nobis. Jackson's claims for coram nobis relief are based on allegations that the prosecutor withheld material evidence in violation of Brady v. Maryland ,
In his petition, Jackson alleges that the prosecution withheld evidence that the investigating detective, Dane Pedersen, had coerced Tina Jefferson into providing testimony implicating Jackson in the crimes; that the prosecution failed to disclose a videotaped pretrial statement provided to investigators by Jackson's codefendant, Cherick Coleman; and that the prosecution withheld evidence that a third party, Charles Bullock, was arrested and found in possession of a weapon involved in the crimes. A review of the direct-appeal record demonstrates that the material evidence alleged to have been withheld by prosecutors was known to the defense at the time of Jackson's trial, and Jackson has failed to demonstrate a Brady violation or to otherwise establish a basis for coram nobis relief. Accordingly, we deny the petition to procced in the trial court with a coram nobis petition.
The petition for leave to proceed in the trial court is necessary because the trial court can entertain a petition for writ of error coram nobis after a judgment has been affirmed on appeal only after we grant permission. Roberts v. State ,
The writ is allowed only under compelling circumstances to achieve justice and to address errors of the most fundamental nature.
Here, Jackson asserts that material evidence was withheld by the prosecutor in violation of Brady . There are three elements of a Brady violation: (1) the evidence at issue must be favorable to the accused, either because it is exculpatory or because it is impeaching; (2) the evidence must have been suppressed by the State, *359either willfully or inadvertently; (3) prejudice must have ensued. Carner v. State ,
Jackson's first allegation of a Brady violation involves the allegedly coerced testimony of his cousin, Jefferson. Jackson attaches an affidavit executed by Jefferson stating that Pedersen had detained her and threatened that the prosecutor would move to revoke her probation, which would result in a twenty-year prison sentence unless she assisted in the conviction of Jackson.
Furthermore, the direct-appeal record demonstrates that Jefferson was cross-examined at great length with regard to the alleged threats made by Pedersen if she had failed to testify. Clearly, the allegations contained in Jefferson's affidavit were well known by Jackson and his trial counsel at the time of the trial. A fundamental requirement for coram nobis relief is the discovery of exculpatory information that was extrinsic to the record, that is, it was unknown to the defense and was not brought forward before rendition of the judgment. Roberts ,
Jackson's second basis for coram nobis relief involves an allegation that portions of pretrial statements made by Coleman to Pedersen had been videotaped but were not made available to the defense. A review of the direct-appeal record reveals that the existence of another videotaped statement by Coleman was contested at trial. Coleman had testified that he spoke with Pedersen for thirty to forty minutes before he provided a videotaped statement, while Pedersen testified that the entire interview had been videotaped. Jackson attaches to his petition Pedersen's testimony in this regard. Jackson asserts that those portions of Coleman's pretrial interview referenced in Pedersen's testimony were not disclosed by the prosecution and that the failure to disclose the existence and content of a second videotaped statement was prejudicial in that the allegedly missing videotaped statement contained exculpatory or impeaching evidence. Jackson also alleges that Pedersen had made promises to Coleman in exchange for his testimony and attaches to his petition Coleman's testimony wherein Coleman asserted that Pedersen had promised him that he would be considered only a witness to the crimes and not a suspect if Coleman provided a statement to investigators describing the crimes and the participants.
Jackson fails to provide sufficient evidence that a second videotaped statement was extant nor does he describe the exculpatory or impeaching evidence that *360would have been contained therein. Claims without a factual basis are not grounds for the writ. Carner ,
Finally, Jackson alleges that the prosecution withheld material evidence with respect to Bullock, who was found in possession of the victim's gun during a traffic stop and arrested as a result.
Petition denied.
Jackson raised this same allegation in his petition for postconviction relief pursuant to Rule 37.1 (2011). His petition was denied by the trial court, and we affirmed. Jackson v. State ,
Reference
- Full Case Name
- Michael Dashun JACKSON v. STATE of Arkansas
- Cited By
- 14 cases
- Status
- Published