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State v. Jackson

Court of Appeals of Ohio, Eighth District, Cuyahoga

April 5, 2018

STATE OF OHIO PLAINTIFF-APPELLANT
v.
RUFUS JACKSON DEFENDANT-APPELLEE

          Criminal Appeal from the Cuyahoga County Court of Common Pleas Case No. CR-16-605802-A

          ATTORNEYS FOR APPELLANT Michael C. O'Malley Cuyahoga County Prosecutor Christopher D. Schroeder Assistant County Prosecutor Justice Center.

          ATTORNEYS FOR APPELLEE Mark A. Stanton Cuyahoga County Public Defender Erika B. Cunliffe Assistant Public Defender.

          BEFORE: McCormack, J., E.A. Gallagher, A.J., and S. Gallagher, J.

          JOURNAL ENTRY AND OPINION

          TIM McCORMACK, JUDGE.

         {¶1} Plaintiff-appellant, the state of Ohio ("the state") appeals from the trial court's dismissal with prejudice of its case against defendant-appellee Rufus Jackson ("Jackson"). For the reasons that follow, we affirm.

         Procedural and Substantive History

         {¶2} This case arises out of an incident that occurred on March 3, 2006. On that date, Jackson shot Roy Moorer multiple times in the chest and left arm. As a result, Moorer was paralyzed from the waist down.

         {¶3} On March 15, 2006, Jackson was indicted on two counts of felonious assault, both with one- and three-year firearm specifications, in Cuyahoga C.P. No. CR-06-478104-A.

         {¶4} While Jackson was in jail pending resolution of that case, he was indicted in Cuyahoga C.P. No. CR-06-480135-A for assault on a peace officer and vandalism for an incident that had occurred in the Cuyahoga County Jail.

         {¶5} Jackson initially pleaded not guilty to all charges. Subsequent negotiations resulted in a plea agreement that resolved both cases. On June 22, 2006, Jackson pleaded guilty to one count of felonious assault, together with the three-year firearm specification in CR-06-478104-A, as well as to an amended count of attempted assault in CR-06-480135-A. The remaining counts in both cases were dismissed.

         {¶6} On July 13, 2006, the trial court sentenced Jackson to eight years on the felonious assault count, to be served consecutively to three years for the gun specification. The court also sentenced Jackson to a consecutive six-month term for attempted assault.

         {¶7} On February 8, 2016, Moorer died. The autopsy report listed his cause of death as "acute bronchopneumonia" due to "decubitus ulcers with osteomyelitis and sepsis, " "paraplegia with neurogenic bladder and end stage renal disease, " and "multiple gunshot wounds of the trunk and left arm with spinal injuries."

         {¶8} On June 7, 2016, a grand jury indicted Jackson in the underlying case, Cuyahoga C.P. No. CR-16-605802-A, on two counts of murder for Moorer's death, ...


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