The Commission on Capital Cases updates this information regularly. This information, however, is subject to change and may not reflect the latest status of an inmate’s case and should not be relied upon for statistical or legal purposes.
JACKSON, Etheria (B/M)
DOB: 03/07/59
Fourth Judicial Circuit, Duval County, Case # 85-12620
Sentencing Judge, Trial: The Honorable L. Page Haddock, Jr.
Attorneys, Trial: Alan Chipperfield & Terry Sopp – Assistant Public Defenders
Attorney, Direct Appeal: Paula Saunders – Assistant Public Defender
Attorney, Collateral Appeals: Maria DeLiberato-Chamberlain – CCRC-M
Date of Offense: 12/03/85
Date of Sentence: 08/08/86
Circumstances of Offense:
The victim, 64-year-old Linton Moody, owned a retail furniture business in Jacksonville, Florida, with his brother, Wendell. Linton was working at the store until the early afternoon of December 2, 1985. When Linton did not show up for work the next day, Wendell called the police to report his brother missing. Officer Godbee found Linton’s body rolled in a piece of carpet in the rear compartment of Linton’s station wagon on December 5th. Evidence that was found with the body included the victim’s calling card box and briefcase.
Linda Riley, Etheria Jackson’s live-in girlfriend and the mother of one of his children, reported the murder on the same day that the body was found. At trial, Riley testified that she had bought a washing machine on an installment plan from the victim. Linton came by her residence to collect the monthly payment on December 3rd after he cashed a $4,000 check that he used to make change for his clients. Jackson, as well as Riley’s two children, was present when Linton arrived. Linton gave Riley a receipt after cashing her government check, but before he could leave, Jackson assaulted the victim and held a knife to his throat. Riley also said that Jackson told her to take Linton’s wallet and keys after Jackson had forced the victim to the floor. While the victim pleaded for his life, Jackson bound and gagged the victim before choking him to unconsciousness with a belt. When Linton regained consciousness, Jackson used a cast on his forearm to strike the victim’s face. Jackson straddled the victim’s body before stabbing him numerous times in the chest.
Riley assisted Jackson in disposing of the body by hiding it in a carpet and putting it in the victim’s station wagon. Jackson drove the vehicle to an alternate location and abandoned it, where Officer Godbee discovered the station wagon two days later. Riley reported that Jackson returned to the house with two men approximately 45 minutes after he left with the body. When Jackson returned, he asked Riley to inject his arm with cocaine.
Testimony was also given at trial by one of the two men who returned with Jackson to the house. The man stated that he and his friend were flagged down while they were driving by a male wearing a cast on his forearm. This man was later identified as Jackson. Jackson inquired as to whether the men knew where to obtain cocaine. When they answered in the affirmative, he offered to buy them a tank of gas by stating, “I’ll fill your tank, I have money all over, I just hit a sweet lick.” The witness later stated that Jackson pulled out bundles of money from his pockets. Upon purchasing the cocaine, the witness reported that they went back to Jackson’s place, and Jackson had his girlfriend inject cocaine into his arm.
The autopsy established that the victim suffered from bruises on his face, head, and neck. The victim also had a shallow slash along his neck, bruises on his kneecaps, and rug-burn on his left elbow. The victim was stabbed seven times in the upper left chest area, which caused massive internal bleeding and was the cause of death. The lack of blood on the lower extremities was indicative that the perpetrator sat astride the victim during the assault. The victim had bruises on the neck consistent with strangulation caused by either a forearm, or maybe a broad belt.
In a December 9th interview, Jackson claimed that Riley was the perpetrator of the murder and that he was not at the scene of the crime when it occurred. He further claimed that Riley was having an affair with Linton while Jackson was in prison and that it was this affair that had prompted the murder. Jackson’s mother presented testimony that he visited her on December 8th and provided her with three varying versions of the killing. At least two of these accounts placed Jackson himself at the scene of the murder.
A search warrant was obtained for the cast on Jackson’s forearm. His cast was examined at a hospital for traces of blood, but none was found. One of the detectives who was at the hospital testified that Jackson made statements suggesting that the detective “had him like a hawk,” and Jackson also stated that he “had the opportunity.” When the detective responded with the suggestion that Jackson still had the opportunity to come clean and tell the truth, the detective stated that Jackson responded by stating, “Not really, I have to go with what I told you, I can’t change my story now.”
Expert testimony was presented at trial, which matched Jackson’s fingerprints to those fingerprints found on the calling card box in the back of the victim’s station wagon.
Prior Incarceration History in the State of Florida:
Date of Offense |
Offense |
Case Number |
Sentence |
|
11/28/1977 |
Burglary of an Occupied Dwelling |
7704192 |
4Y 0M 0D |
|
11/03/1979 |
Robbery with a Deadly Weapon |
7907229 |
4Y 0M 0D |
|
09/21/1982 |
Escape |
8208621 |
3Y 0M 0D |
Trial Summary:
12/19/85 Defendant indicted with one the following:
Count I: First-Degree Murder
12/23/85 Defendant pled not guilty to the charge
06/20/86 Defendant was found guilty of First-Degree Murder
07/11/86 The jury recommended Death by a vote of 7-5
08/08/86 Defendant sentenced as follows:
Count I: First-Degree Murder – Death
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC #69,197
530 So. 2d 269
08/21/86 Appeal filed.
05/05/88 Conviction and sentence affirmed.
09/01/88 Rehearing denied.
10/04/88 Mandate issued.
U.S. Supreme Court – Petition for Writ of Certiorari
USSC #88-5801
488 U.S. 1050
10/31/88 Petition filed.
01/23/89 Petition denied.
Florida Supreme Court – Petition for Writ of Habeas Corpus
FSC #75,846
633 So. 2d 1051
04/16/90 Petition filed.
09/09/93 Petition denied.
03/15/94 Rehearing denied.
03/15/94 Mandate issued.
06/28/94 Motion issued to recall mandate.
01/26/95 Motion denied.
Circuit Court – 3.850 Motion
CC# 85-12620
09/05/90 Motion filed.
03/25/91 Motion denied.
Florida Supreme Court – 3.850 Appeal
FSC #78,909
633 So. 2d 1051
11/08/91 Appeal filed.
09/09/93 Conviction and sentence affirmed.
03/15/94 Rehearing denied.
03/15/94 Mandate issued.
06/28/94 Motion issued to recall mandate.
01/26/95 Motion denied.
Florida Supreme Court – Petition for Writ of Habeas Corpus
FSC #80,541
613 So. 2d 5
09/30/92 Petition filed.
01/04/93 Petition denied.
U.S. District Court, Middle District – Petition for Writ of Habeas Corpus
USDC# 94-492
05/18/94 Petition filed.
08/08/02 Case closed pending Bottoson and King
06/26/03 Case reopened
12/15/03 Petition denied
State Circuit Court – 3.851 Motion
CC# 85-12620
07/08/03 Motion filed
06/23/05 CC denied Motion
U.S. Court of Appeals, 11th Circuit – Petition for Writ of Habeas Corpus Appeal
USCA#04-10986
375 F. 3d 1291
02/27/04 Appeal filed
07/09/04 USCA dismissed appeal as untimely
Florida Supreme Court – 3.851 Appeal
FSC# 05-1312
952 So.2d 1190
07/22/05 Appeal filed
11/14/06 FSC affirmed denial of the motion
United States Supreme Court – Petition for Writ of Certiorari
USSC# 06-5320
127 S. Ct. 240
07/13/06 Petition filed
10/02/06 USSC denied petition
State Circuit Court- 3.851 Motion
CC# 85-12620
04/27/07 Motion filed
01/28/09 Motion denied
02/23/09 Rehearing denied
United States Supreme Court- Writ of Certiorari
USSC# 06-11340
128 U.S. 89
05/11/07 Petition filed
10/01/07 Petition denied
Florida Supreme Court – 3.851 Appeal
FSC# 09-828
05/11/09 Appeal filed
07/14/10 Disposition Affirmed and Reversed in Part
State Circuit Court- 3.850 Motion
CC# 85-12620
04/28/10 Motion filed
Death Warrants:
03/29/90 Death Warrant signed by Governor Bob Martinez.
04/06/90 Stay granted by the Florida Supreme Court.
Clemency:
04/12/89 Clemency hearing held (denied).
Factors Contributing to the Delay in Imposition of Sentence:
The Petition for Habeas Corpus was pending in the U.S. District Court for eight years.
Case Information:
A Direct Appeal was filed with the Florida Supreme Court on 08/21/86. Issues that were raised included whether the trial court erred in limiting the cross-examination of Riley concerning her present dating relationships, and whether the trial court erred in allowing the state to introduce evidence that Jackson had been incarcerated prior to this offense. The Florida Supreme Court found all of the claims either harmless or without merit and affirmed the conviction and sentence of Death on 05/05/88.
A Petition for Writ of Certiorari was filed with the United States Supreme Court on 10/31/88 and denied on 01/23/89.
A Petition for Writ of Habeas Corpus was filed with the Florida Supreme Court on 04/16/90.
A 3.850 Motion was filed with the Circuit Court on 09/05/90 and denied on 03/25/91.
A 3.850 Appeal was filed with the Florida Supreme Court on 11/08/91. Issues that were raised included whether the trial court erred in not granting a full evidentiary hearing for all of the claims, including the Department of Health Rehabilitative Services’ refusal to disclose evidence contained in its files relative to Jackson’s and Riley’s children, and that the trial counsel was ineffective. The Florida Supreme Court denied both the Habeas Corpus and the affirmed the circuit court’s denial of the 3.850 in a joint opinion on 09/09/93. On 06/28/94, a motion was issued to recall the mandate of the 09/09/93 opinion, but this motion was denied on 01/26/95.
A Petition for the Writ of Habeas Corpus was filed with the Florida Supreme Court on 09/30/92 and denied on 01/04/93.
A Petition for a Writ of Habeas Corpus was filed with the United States District Court on 05/18/94. The case was closed on 08/08/02 pending the Bottoson and King decision and was reopened on 06/26/03. The USDC denied the petition on 12/15/03.
A 3.851 Motion was filed with the Circuit Court on 07/08/03 and was denied on 06/23/05.
A Petition for Writ of Habeas Corpus Appeal was filed with the United States Court of Appeals, 11th Circuit on 02/27/04 and was dismissed as untimely on 07/09/04.
A 3.851 Motion Appeal was filed with the Florida Supreme Court on 07/22/05. On 11/14/06, the FSC affirmed the denial.
A Petition for Writ of Certiorari was filed with the U.S. Supreme Court on 07/13/06 that was denied on 10/02/06.
Jackson filed a 3.851 Motion on 04/27/07 that was denied on 01/28/09.
On 05/11/07, Jackson filed a Writ of Certiorari with the United States Supreme Court, which was denied on 10/01/07.
On 05/11/09, Jackson filed a 3.851 Appeal in the Florida Supreme Court. On 07/14/10, the Florida Supreme Court affirmed the disposition and reversed in part.
On 04/28/10, Jackson filed a 3.850 Motion in the State Circuit Court. This motion is currently pending.
Institutional Adjustment:
THE FOLLOWING ENTRIES REFLECT DISCIPLINARY ACTIONS AGAINST THE INMATE
FOR VIOLATION OF THE RULE CITED AND INDICATE THE GAIN TIME DAYS LOST.
DATE DAYS VIOLATION LOCATION
11/26/81 0 FIGHTING CENTRAL OFFICE
01/22/82 0 FIGHTING CENTRAL OFFICE
06/22/84 15 CONSUME INTOXICANTS CENTRAL OFFICE
07/04/84 45 POSS OF NARCOTICS CENTRAL OFFICE
09/07/87 20 POSS OF UNAUTH BEV. FLORIDA STATE PRISON
06/28/88 30 POSS OF UNAUTH BEV. FLORIDA STATE PRISON
07/06/88 15 LYING TO STAFF FLORIDA STATE PRISON
07/23/91 30 POSS OF UNAUTH BEV. FLORIDA STATE PRISON
07/30/91 90 OBSCENE PROFANE ACT FLORIDA STATE PRISON
01/18/92 30 DISORDERLY CONDUCT FLORIDA STATE PRISON
11/12/93 0 DISOBEYING ORDER UNION C. I.
10/12/94 0 POSS OF CONTRABAND UNION C. I.
07/12/95 0 FIGHTING UNION C. I.
04/21/97 0 FIGHTING UNION C. I.
12/10/03 60 DEST. OF ST. PROP. UNION C. I.
Report Date: 06/03/02 cc
Approved: 07/01/02 ws
Updated: 02/08/11 CAR