Kenneth Earl Jackson, Appellant v. the State of Texas, Appellee

Summary

The Texas Court of Criminal Appeals affirmed the San Antonio Court of Appeals' reversal of Kenneth Earl Jackson's conviction, holding that a single error—counsel's failure to adequately advise Jackson on the consequences of electing jury sentencing—constituted ineffective assistance of counsel and warranted a new trial. The Court also applied the Pearce presumption of vindictiveness to the jury‑sentenced punishment, requiring objective post‑sentencing conduct to justify a harsher sentence. Two dissenting opinions argued that the majority misapplied Pearce and that a single error should not alone trigger reversal.