The Commission on Capital Cases updates thisinformation regularly. This information, however, is subject to changeand may not reflect the latest status of an inmate’s case and should not berelied 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 PublicDefender
Attorney, Collateral Appeals: MariaDeLiberato-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 retailfurniture 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 calledthe police to report his brother missing. Officer Godbee found Linton’sbody rolled in a piece of carpet in the rear compartment of Linton’s stationwagon on December 5th. Evidence that was found with the bodyincluded the victim’s calling card box and briefcase.
Linda Riley, Etheria Jackson’s live-in girlfriend and themother of one of his children, reported the murder on the same day that thebody was found. At trial, Riley testified that she had bought a washingmachine on an installment plan from the victim. Linton came by herresidence to collect the monthly payment on December 3rd after hecashed a $4,000 check that he used to make change for his clients. Jackson, as well as Riley’s two children, was present when Lintonarrived. Linton gave Riley a receipt after cashing her government check,but before he could leave, Jackson assaulted the victim and held a knife to histhroat. Riley also said that Jackson told her to take Linton’s wallet andkeys after Jackson had forced the victim to the floor. While the victimpleaded for his life, Jackson bound and gagged the victim before choking him tounconsciousness with a belt. When Linton regained consciousness, Jacksonused a cast on his forearm to strike the victim’s face. Jackson straddledthe victim’s body before stabbing him numerous times in the chest.
Riley assisted Jackson in disposing of the body by hiding itin a carpet and putting it in the victim’s station wagon. Jackson drovethe vehicle to an alternate location and abandoned it, where Officer Godbeediscovered the station wagon two days later. Riley reported that Jacksonreturned to the house with two men approximately 45 minutes after he left withthe body. When Jackson returned, he asked Riley to inject his arm withcocaine.
Testimony was also given at trial by one of the two men whoreturned with Jackson to the house. The man stated that he and his friendwere flagged down while they were driving by a male wearing a cast on hisforearm. This man was later identified as Jackson. Jackson inquiredas to whether the men knew where to obtain cocaine. When they answered inthe affirmative, he offered to buy them a tank of gas by stating, “I’ll fillyour tank, I have money all over, I just hit a sweet lick.” The witnesslater stated that Jackson pulled out bundles of money from his pockets. Upon purchasing the cocaine, the witness reported that they went back toJackson’s place, and Jackson had his girlfriend inject cocaine into his arm.
The autopsy established that the victim suffered frombruises on his face, head, and neck. The victim also had a shallow slashalong 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 causedmassive internal bleeding and was the cause of death. The lack of bloodon the lower extremities was indicative that the perpetrator sat astride thevictim during the assault. The victim had bruises on the neck consistentwith strangulation caused by either a forearm, or maybe a broad belt.
In a December 9th interview, Jackson claimed thatRiley was the perpetrator of the murder and that he was not at the scene of thecrime when it occurred. He further claimed that Riley was having anaffair with Linton while Jackson was in prison and that it was this affair thathad prompted the murder. Jackson’s mother presented testimony that hevisited her on December 8th and provided her with three varyingversions of the killing. At least two of these accounts placed Jacksonhimself at the scene of the murder.
A search warrant was obtained for the cast on Jackson’sforearm. His cast was examined at a hospital for traces of blood, butnone was found. One of the detectives who was at the hospital testifiedthat Jackson made statements suggesting that the detective “had him like ahawk,” and Jackson also stated that he “had the opportunity.” When thedetective responded with the suggestion that Jackson still had the opportunityto come clean and tell the truth, the detective stated that Jackson respondedby stating, “Not really, I have to go with what I told you, I can’t change mystory now.”
Expert testimony was presented at trial, which matchedJackson’s fingerprints to those fingerprints found on the calling card box inthe 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:
CountI: First-DegreeMurder
12/23/85 Defendant pled not guilty tothe charge
06/20/86 Defendant was found guilty ofFirst-Degree Murder
07/11/86 The jury recommended Death bya vote of 7-5
08/08/86 Defendant sentenced asfollows:
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 sentenceaffirmed.
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 HabeasCorpus
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 recallmandate.
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 sentenceaffirmed.
03/15/94 Rehearing denied.
03/15/94 Mandate issued.
06/28/94 Motion issued to recallmandate.
01/26/95 Motion denied.
Florida Supreme Court – Petition for Writ of HabeasCorpus
FSC #80,541
613 So. 2d 5
09/30/92 Petition filed.
01/04/93 Petition denied.
U.S. District Court, Middle District – Petition forWrit 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 ofCertiorari
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 Motionfiled
Death Warrants:
03/29/90 Death Warrant signed byGovernor Bob Martinez.
04/06/90 Stay granted by the FloridaSupreme Court.
Clemency:
04/12/89 Clemency hearing held(denied).
Factors Contributing to the Delay in Imposition ofSentence:
The Petition for HabeasCorpus was pending in the U.S. District Court for eight years.
Case Information:
A Direct Appeal was filedwith the Florida Supreme Court on 08/21/86. Issues that were raisedincluded whether the trial court erred in limiting the cross-examination ofRiley concerning her present dating relationships, and whether the trial courterred in allowing the state to introduce evidence that Jackson had beenincarcerated prior to this offense. The Florida Supreme Court found allof the claims either harmless or without merit and affirmed the conviction andsentence of Death on 05/05/88.
A Petition for Writ ofCertiorari was filed with the United States Supreme Court on 10/31/88 anddenied on 01/23/89.
A Petition for Writ ofHabeas Corpus was filed with the Florida Supreme Court on 04/16/90.
A 3.850 Motion was filedwith the Circuit Court on 09/05/90 and denied on 03/25/91.
A 3.850 Appeal was filedwith the Florida Supreme Court on 11/08/91. Issues that were raisedincluded whether the trial court erred in not granting a full evidentiaryhearing for all of the claims, including the Department of HealthRehabilitative Services’ refusal to disclose evidence contained in its filesrelative to Jackson’s and Riley’s children, and that the trial counsel wasineffective. The Florida Supreme Court denied both the Habeas Corpus and theaffirmed the circuit court’s denial of the 3.850 in a joint opinion on09/09/93. On 06/28/94, a motion wasissued to recall the mandate of the 09/09/93 opinion, but this motion wasdenied on 01/26/95.
A Petition for the Writof Habeas Corpus was filed with the Florida Supreme Court on 09/30/92 anddenied on 01/04/93.
A Petition for a Writ ofHabeas Corpus was filed with the United States District Court on 05/18/94. Thecase was closed on 08/08/02 pending the Bottoson and King decision and wasreopened on 06/26/03. The USDC denied the petition on 12/15/03.
A 3.851 Motion was filedwith the Circuit Court on 07/08/03 and was denied on 06/23/05.
A Petition for Writ ofHabeas Corpus Appeal was filed with the United States Court of Appeals, 11thCircuit on 02/27/04 and was dismissed as untimely on 07/09/04.
A 3.851 Motion Appeal wasfiled with the Florida Supreme Court on 07/22/05. On 11/14/06, the FSCaffirmed the denial.
A Petition for Writ ofCertiorari was filed with the U.S. Supreme Court on 07/13/06 that was denied on10/02/06.
Jackson filed a 3.851Motion on 04/27/07 that was denied on 01/28/09.
On 05/11/07, Jacksonfiled a Writ of Certiorari with the United States Supreme Court, which wasdenied on 10/01/07.
On 05/11/09, Jacksonfiled a 3.851 Appeal in the Florida Supreme Court. On 07/14/10, theFlorida Supreme Court affirmed the disposition and reversed in part.
On 04/28/10, Jacksonfiled a 3.850 Motion in the State Circuit Court. This motion is currentlypending.
Institutional Adjustment:
THEFOLLOWING ENTRIES REFLECT DISCIPLINARY ACTIONS AGAINST THE INMATE
FORVIOLATION 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 OFNARCOTICS CENTRALOFFICE
09/07/87 20 POSS OF UNAUTHBEV. FLORIDA STATE PRISON
06/28/88 30 POSS OF UNAUTHBEV. FLORIDA STATE PRISON
07/06/88 15 LYING TOSTAFF FLORIDA STATE PRISON
07/23/91 30 POSS OF UNAUTHBEV. 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 DISOBEYINGORDER UNION C.I.
10/12/94 0 POSS OFCONTRABAND 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