Jackson v. Crickmar
Annotate this CaseIn 2010, Bilal Jackson was convicted by jury for aggravated assault, aggravated battery, attempted armed robbery, attempted murder, and possession of a firearm during the commission of a felony in connection with the shooting of Darryl Claro in 2007, when Jackson was 15 years old. The trial court sentenced Jackson to serve a total of 55 years in prison. Jackson's petition for habeas corpus was denied after a hearing. The Georgia Supreme Court granted Jackson's application for a certificate of probable cause to appeal to consider two issues: (1) whether alleged merger errors in sentencing may be raised for the first time in a habeas corpus proceeding or instead must be raised as part of a claim of ineffective assistance of appellate counsel; and (2) whether Jackson’s convictions for aggravated assault, aggravated battery, and attempted armed robbery merge into his conviction for attempted murder. The Supreme Court concluded that merger claims could be raised for the first time in habeas and were not procedurally barred by a habeas petitioner’s failure to raise them earlier in his criminal case. The Court also concluded the habeas court erred in rejecting Jackson’s claim that his convictions for aggravated assault and aggravated battery merge into his conviction for attempted murder, but did not err in rejecting his claim that his conviction for attempted armed robbery merged into his conviction for attempted murder. Accordingly, judgment was affirmed in part, and reversed in part. The case was remanded to the habeas court with direction to vacate Jackson’s convictions and sentences for aggravated assault and aggravated battery.
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