Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Jackson

Court of Appeals of Ohio, Eighth District, Cuyahoga

April 26, 2018

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

          Criminal Appeal from the Cuyahoga County Court of Common Pleas Case No. CR-16-608044-C

          ATTORNEY FOR APPELLANT Mark R. Marshall

          ATTORNEYS FOR APPELLEE Michael C. O'Malley Cuyahoga County Prosecutor By: Kevin E. Bringman Assistant County Prosecutor The Justice

          BEFORE: Keough, J., E.A. Gallagher, A.J., and Boyle, J.

          JOURNAL ENTRY AND OPINION

          KATHLEEN ANN KEOUGH, JUDGE

         {¶1} Defendant-appellant, Emmanuel Jackson, appeals from the trial court's judgment, rendered after a jury trial, finding him guilty of aggravated robbery, robbery, grand theft, theft, and kidnapping, and sentencing him to 16 years in prison. Although the state improperly conditioned the plea agreements of Jackson's codefendants on their agreement not to testify at Jackson's trial, on the facts of this case, we affirm.

         I. Facts and Procedural Background

         {¶2} Jackson and two codefendants, Anthony Palmentera and Bradley Lease, were indicted in an 11-count indictment with aggravated robbery, robbery, grand theft, theft, and kidnapping. Jackson and Lease were also indicted for having weapons while under disability. Some of the counts contained firearm, notice of prior conviction and repeat violent offender specifications.

         {¶3} The testimony at trial demonstrated that the indictments arose out of an incident that occurred outside the Peek-A-Boo nightclub in the early morning hours of July 13, 2016. The victim, Kenneth Mayock, drove a borrowed minivan to the club to pick up a friend who worked there. Mayock testified that three men approached the van as he waited in the parking lot of the club. Two of the men were white; the other was African American and later identified as Jackson.

         {¶4} Mayock said that the African American male approached the driver's side of the van, reached in, grabbed him by his hoodie, and demanded his money. Mayock said he gave the man his wallet, but the man pulled him out of the van, pushed him to the ground, and threatened to shoot him. Mayock testified that this man and the other men then hit him and again threatened to shoot him. The three men eventually drove off in the minivan, leaving Mayock on the ground. Mayok's iPhone was in the minivan.

         {¶5} Mayock ran into the nightclub and asked the bartender to call 911. Mayock then called his mother and asked her to track his cell phone on the Find My iPhone application on her phone. Cleveland police officers soon arrived at the nightclub and interviewed Mayock, who gave them a description of the minivan and the three men, including a description of a tattoo on the African American male's right arm, which Mayock had observed when the male reached through the van window and grabbed him.

         {¶6} Cleveland police officer Courtney Evans was one of the officers who responded to the scene and interviewed Mayock. She testified that within 20 to 30 minutes after arriving, the officers learned the general location of the minivan and Mayock's cell phone from Mayock's mother, who was tracking the phone. The officers relayed this information to police officers in the area, who began touring the area looking for the van and the suspects.

         {¶7} Within a short time, those officers found the van and three suspects, one of whom was Jackson, who matched the descriptions given by Mayock. The officers found Mayock's cell phone in the grass about ten feet away from where they apprehended Jackson. The police then transported Mayock to that location, and Mayock identified all three individuals in a "cold stand" identification as the individuals who had assaulted and robbed him earlier that night.

         {¶8} Cleveland police officer Michael Keane testified at trial that he was one of the officers who found the abandoned van, as well as a pair of black and white sandals on the ground about five feet from the van. Keane testified that Jackson, who was not wearing any shoes or socks, denied knowing ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.