Court Error – Abuse of Discretion

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7^th Circuit Court of Appeals

Case Name: United States of America v. Hurley C. Jackson

Case No.: 17-2117

Officials: EASTERBROOK, RIPPLE, and HAMILTON, Circuit Judges.

Focus: Court Error – Abuse of Discretion

A jury found Hurley C. Jackson guilty of conspiracy to distribute over 1,000 grams of heroin, in violation of 21 U.S.C. §§ 841(a)(1) and 846; possession with intent to distribute a substance containing heroin, in violation of 21 U.S.C. § 841(a)(1); and distribution of a substance containing heroin, also in violation of 21 U.S.C. § 841(a)(1). He claims that the district court abused its discretion when it allowed a witness to testify that Mr. Jackson had threatened to kill her. He also maintains that the prosecutor’s closing argument included improper vouching and invited the jury to consider matters other than his guilt in reaching its verdict. According to Mr. Jackson, these remarks so infected the jury’s deliberations as to require a new trial.

Mr. Jackson’s arguments are unpersuasive. The threat testimony was both relevant to, and probative of, the central issue in this case: whether Mr. Jackson conspired to distribute heroin. Additionally, even if the prosecutor’s comments were improper, the evidence against Mr. Jackson was substantial. Consequently, the prosecutor’s comments did not affect the jury’s verdict. We therefore affirm Mr. Jackson’s conviction.

Affirmed

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.