Etheria Jackson

Case information

• Defendant: Etheria Jackson
• Live-in girlfriend: Linda Riley
• Trial judge: The Honorable L. Page Haddock, Jr.
• Trial attorneys: Alan Chipperfield and Terry Sopp (Assistant Public Defenders)
• Direct appeal attorney: Paula Saunders (Assistant Public Defender)
• Collateral appeals attorney: David Gemmer (CCRC-M)
• Date of birth (DOB): 03/07/59
• Date of offence: 12/03/85
• Date of sentence: 08/08/86
• Court: Fourth Judicial Circuit, Duval County
• Case number: 85-12620
• DC number: 072847

Timeline

• 12/03/85 — Date of offence
• 12/02/1985 — Linton Moody worked at the store until the early afternoon
• 12/03/1985 — Wendell cashed a $4,000 check used to make change for his clients; Linton came to Linda Riley’s residence to collect a monthly payment
• 12/05/1985 — Linton’s body was found rolled in a piece of carpet in the rear compartment of his station wagon; Officer Godbee discovered the body
• 12/08/1985 — Jackson visited his mother and provided three varying versions of the killing
• 12/09/1985 — Jackson claimed that Riley was the perpetrator of the murder and that he was not at the scene
• 12/19/1985 — Defendant indicted with Count I: First-Degree Murder
• 12/23/1985 — Defendant pled not guilty
• 06/20/1986 — Defendant was found guilty of First-Degree Murder
• 07/11/1986 — Jury recommended Death by a vote of 7-5
• 08/08/1986 — Defendant sentenced: Count I: First-Degree Murder — Death; Direct Appeal filed with the Florida Supreme Court on 08/21/86
• 05/05/1988 — Florida Supreme Court affirmed the conviction and sentence of Death
• 10/31/1988 — Petition for Writ of Certiorari filed with the United States Supreme Court
• 01/23/1989 — United States Supreme Court denied the petition
• 04/16/1990 — Petition for Writ of Habeas Corpus filed with the Florida Supreme Court
• 09/05/1990 — A 3.850 Motion filed with the Circuit Court
• 03/25/1991 — 3.850 Motion denied
• 11/08/1991 — A 3.850 Appeal filed with the Florida Supreme Court
• 09/09/1993 — Florida Supreme Court denied both the Habeas Corpus and affirmed the circuit court’s denial of the 3.850 in a joint opinion
• 09/30/1992 — Petition for a Writ of Habeas Corpus filed with the Florida Supreme Court
• 01/04/1993 — Petition denied
• 05/18/1994 — Petition for a Writ of Habeas Corpus filed with the United States District Court
• 06/28/1994 — Motion issued to recall the mandate of the 09/09/1993 opinion
• 01/26/1995 — Motion to recall mandate denied
• 08/08/2002 — Case closed pending the Bottoson and King decision
• 06/26/2003 — Case reopened
• 12/15/2003 — United States District Court denied the petition
• 07/08/2003 — A 3.851 Motion filed with the Circuit Court
• 06/23/2005 — 3.851 Motion denied
• 02/27/2004 — Petition for Writ of Habeas Corpus Appeal filed with the United States Court of Appeals, 11th Circuit
• 04/07/2004 — Appeal dismissed as untimely
• 07/22/2005 — A 3.851 Motion Appeal filed with the Florida Supreme Court that is pending
• 07/13/2006 — Petition for Writ of Certiorari filed with the U.S. Supreme Court that is pending

The offence

Linton Moody, a 64-year-old owner of a retail furniture business in Jacksonville, Florida, worked 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 5. Evidence 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 Riley’s residence to collect the monthly payment on December 3 after he cashed a $4,000 check that he used to make change for his clients. Jackson, and 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 said that Jackson told her to take Linton’s wallet and keys after Jackson had forced the victim to the floor. While Linton 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.

Jackson made inquiries and offered payment to obtain cocaine. When two men were flagged down while driving by a male wearing a cast on his forearm, the man was later identified as Jackson. Jackson inquired as to whether the men knew where to obtain cocaine. When they answered in the affirmative, Jackson 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. After purchasing cocaine, the men returned to Jackson’s place, and Jackson had his girlfriend inject cocaine into his arm.

Investigation

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, causing massive internal bleeding and the cause of death. The lack of blood on the lower extremities indicated 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 9 interview, Jackson claimed that Riley was the perpetrator and that he was not at the scene when the murder occurred. Jackson further claimed that Riley was having an affair with Linton while Jackson was in prison and that it was this affair that prompted 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 matched Jackson’s fingerprints to those found on the calling card box in the back of the victim’s station wagon.

Jackson’s mother presented testimony that he visited her on December 8 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.

Arrest

No arrest details were provided.

Trial

Defendant indicted with one following:

• Count I: First-Degree Murder

Defendant pled not guilty to the charge.

Defendant was found guilty of First-Degree Murder.

The jury recommended Death by a vote of 7-5.

Sentencing

• Count I: First-Degree Murder — Death Defendant was sentenced on August 8, 1986.

Appeals

Direct appeal to the Florida Supreme Court

A Direct Appeal was filed with the Florida Supreme Court on 08/21/86. Issues 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.

U.S. Supreme Court certiorari

A Petition for Writ of Certiorari was filed with the United States Supreme Court on 10/31/88 and denied on 01/23/89.

Florida habeas and post-conviction proceedings

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 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 trial counsel was ineffective. The Florida Supreme Court denied both the Habeas Corpus and affirmed the circuit court’s denial of the 3.850 in a joint opinion on 09/09/93. A motion was issued to recall the mandate of the 09/09/93 opinion on 06/28/94, 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.

Federal habeas

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.

3.851 motion and subsequent appeals

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 04/07/04.

A 3.851 Motion Appeal was filed with the Florida Supreme Court on 07/22/05 and was pending.

U.S. Supreme Court certiorari (later petition)

A Petition for Writ of Certiorari was filed with the U.S. Supreme Court on 07/13/06 and was pending.

Outcome

Etheria Jackson was sentenced to death on August 8, 1986.

Other details

• At trial, Riley testified that she assisted Jackson in disposing of the body by hiding it in a carpet and putting it in the victim’s station wagon, and that Jackson drove the vehicle to an alternate location and abandoned it.
• Officer Godbee discovered the station wagon two days after it was abandoned.
• Riley testified that Jackson returned to the house with two men approximately 45 minutes after he left with the body and asked Riley to inject his arm with cocaine.
• One of the two men who returned with Jackson to the house stated that he and his friend were flagged down by a male wearing a cast on his forearm and that the man was identified as Jackson.
• The witness reported that Jackson offered gas and showed bundles of money when discussing obtaining cocaine.