28 results for 'cat:"Murder" AND cat:"Gangs"'.
J. Witt finds the trial court made a harmless error in determining evidence of defendant’s gang affiliation was related to a shooting being his motive to conceal his involvement, ruling that the evidence sufficed to convict. Defendant was charged and convicted under a statute that was repealed in 1989, however, but this was a clerical error that pointed to the wrong portion of the criminal code. The case is remanded to correct this. Affirmed in part. Reversed in part.
Court: Tennessee Court of Criminal Appeals, Judge: Witt, Filed On: May 17, 2024, Case #: M2023-00732-CCA-R3-CD, Categories: murder, Weapons, gangs
[Consolidated.] Per curiam, the court of appeals reverses, in part, certain convictions in a case against four defendants on charges arising from a gang-related shooting that led to two deaths and injuries to two additional victims. Certain convictions predicated on underlying conspiracy convictions must be vacated, as they underlying convictions are misdemeanors. Furthermore, one defendant's second-degree murder conviction must be vacated due to insufficient evidence. Reversed in part.
Court: DC Court of Appeals, Judge: Per curiam, Filed On: May 9, 2024, Case #: 14-CF-0667, Categories: murder, Conspiracy, gangs
J. Motz finds the lower court properly convicted a group of gang members accused of racketeering conspiracy, murder, attempted murder and related crimes. The gang members contend that neither violent crimes in aid of racketeering (VICAR) attempted murder based on Virginia attempted murder nor VICAR attempted assault with a dangerous weapon based on Virginia unlawful wounding constitute valid predicates for crimes of violence. Even an attempt is a crime of violence if the completed offense invariably requires the use of physical force. Affirmed.
Court: 4th Circuit, Judge: Motz, Filed On: April 16, 2024, Case #: 21-4231, Categories: murder, Racketeering, gangs
J. Colvin finds that the trial court properly convicted defendant of murder, aggravated battery, violating the Street Gang Terrorism and Prevention Act and other offenses. Any error the trial court committed in barring defendant from making a closing argument about the sentences his co-defendants avoided by pleading guilty was harmless in light of the overwhelming evidence of defendant's guilt. Defendant admitted to stabbing the victim and another witness testified that defendant told her he shot the victim. The trial court correctly overruled defendant's objection that the prosecutor personally attacked his counsel during closing arguments in saying that the defense's theory of the case insulted the victim's memory. However, the trial court incorrectly failed to merge some of the counts against defendant for sentencing. Affirmed in part.
Court: Georgia Supreme Court, Judge: Colvin, Filed On: April 16, 2024, Case #: S24A0125, Categories: murder, Sentencing, gangs
J. Menetrez finds that the trial court should have granted defendant's petition for compassionate release from a 75-year sentence for first degree murder, as no evidence supported its dangerousness finding. He retains some ability to speak despite rapidly progressing amyotrophic lateral sclerosis (ALS) that severely limits his physical capacity and will likely cause his death within a year. But he has never solicited anyone to commit a crime or committed a crime in concert with anyone, and neither his gang affiliations nor lack of remorse mean he poses an unreasonable risk of committing a super strike crime if released. Reversed.
Court: California Courts Of Appeal, Judge: Menetrez, Filed On: April 10, 2024, Case #: E082085, Categories: murder, Sentencing, gangs
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J. Poochigian finds that defendant failed to show that the trial court improperly accepted the state's explanations for its peremptory challenges to three Hispanic jurors in his murder trial. However, his conviction for active gang participation and gang and firearm enhancements to his murder conviction must be reversed under a statute narrowing the definition of gang participation. Reversed in part.
Court: California Courts Of Appeal, Judge: Poochigian, Filed On: March 27, 2024, Case #: F080361, Categories: Jury, murder, gangs
J. Ellington finds that the trial court properly convicted defendant of murder, participation in street gang activity, aggravated assault and firearm offenses. An assistant district attorney's testimony that he was familiar with the investigation into another gang murder and a detective's testimony that the victim in that murder was a gang member who was shot in a drive-by were both admissible. Neither witness expressly repeated out-of-court statements by another person and the testimony was not clearly hearsay. The trial court correctly instructed the jury. Affirmed.
Court: Georgia Supreme Court, Judge: Ellington, Filed On: March 19, 2024, Case #: S24A0026, Categories: murder, gangs
J. Richardson finds the lower court properly classified the gang member's attempted murder in aid of racketeering activity as a crime of violence. The gang member argued that the Supreme Court's decision in U.S. v. Taylor created a dramatic change in what constitutes a crime of violence when it held that attempted Hobbs Act robbery isn’t such an offense. Taylor simply held that attempted Hobbs Act robbery isn’t a crime of violence because Hobbs Act robbery can be committed without the use of force. Murder, by contrast, requires the use of force. So, attempted murder necessarily requires the attempted use of force and fits cleanly within the definition of a crime of violence. Affirmed.
Court: 4th Circuit, Judge: Richardson, Filed On: March 15, 2024, Case #: 22-4147, Categories: murder, Racketeering, gangs
J. Brown holds that the state met its burden at the preliminary hearing stage to allege that defendant murdered four victims for the benefit of a criminal street gang. "Page Street" is a gang because it is organized, though informally, has a defined turf, symbols, hand signs and common enemies. Also, its members have specific roles in committing shared crimes and it splits the proceeds of its crimes. Vacated.
Court: California Courts Of Appeal, Judge: Brown, Filed On: March 5, 2024, Case #: A168018, Categories: murder, gangs
J. Fearing finds that the lower court improperly convicted defendant over his involvement in a shooting. The lower court allowed several instances of racist interferences to taint the trial against defendant, including allowing the prosecutor to raise questions about border security. Even defendant's sentence was influenced by the state seeking a sentence increase based on defendant's alleged request to seek membership in a Latino gang. Under state law, whenever "racism interferes in a fair trial," the convictions must be vacated and a new trial is needed. Reversed.
Court: Washington Court Of Appeals, Judge: Fearing, Filed On: February 22, 2024, Case #: 39087-0-III, Categories: murder, Sentencing, gangs
J. Holmes finds that the lower court properly convicted defendant of murder and unlawful firearm possession as part of his involvement in the Syndicato de Nuevo
México, a prison gang. Defendant claims that the lower court violated his right to a speedy trial and allowed prejudicial evidence during trial, but his claims are without merit. Any prejudice injected into proceedings from certain murder evidence did not outweigh its overall value and was properly allowed, and the duration of his legal proceedings did not violate the Speedy Trial Act. Affirmed.
Court: 10th Circuit, Judge: Holmes, Filed On: February 16, 2024, Case #: 22-2034, Categories: murder, Speedy Trial, gangs
J. Gladwin finds the trial court properly convicted defendant for first-degree murder, two counts of committing a terroristic act and use of a firearm. Evidence was presented at trial showing defendant and the victim were members of rival gangs, while witnesses confirmed defendant was looking for the victim. Ample evidence, including shell casings and a matching weapon found in defendant's possession supports the conviction. Furthermore, evidence included a video of defendant displaying weapons and reciting rap lyrics referring to killing members of the rival gang. Defense counsel did not object to the court's admitting a written journal because it supported the strategy that the video was art. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gladwin , Filed On: January 31, 2024, Case #: CR-22-717, Categories: Evidence, murder, gangs
[Consolidated.] J. Floyd finds the lower court improperly sentenced one of the gang member for two murder charges stemming from the same murder, where the gang members shot and killed a rival as he left the laundromat. However, two life sentences for the other gang member are supported by the record. Vacated in part.
Court: 4th Circuit, Judge: Floyd, Filed On: January 10, 2024, Case #: 16-4844, Categories: murder, Double Jeopardy, gangs
J. Liu finds the trial court improperly convicted defendant for a gang-related murder. Retroactive application of a recent bill narrowing the definition of "street gang" to the gang-murder special circumstance does not violate limitation on legislative amendment in the Gang Violence and Juvenile Crime Prevention Act, and the prosecution concedes the evidence is not sufficient to sustain the gang enhancement in this case. Reversed.
Court: California Supreme Court, Judge: Liu , Filed On: December 18, 2023, Case #: S275835, Categories: Juvenile Law, murder, gangs
J. Guerrero holds that the trial court rightly held that defendant, seeking relief under changes to murder accomplice liability law, was bound by the jury's gang-murder special circumstance finding that he had intended to kill. The trial court properly gave the finding a preclusive effect when assessing defendant's petition, and it correctly required him to state a prima facie case for relief. But the trial court must hold an evidentiary hearing since his intent to kill did not establish his knowledge of the actual shooter's intent to kill as necessary for aider and abettor murder liability.
Court: California Supreme Court, Judge: Guerrero, Filed On: November 27, 2023, Case #: S272238, Categories: murder, Sentencing, gangs
[Consolidated.] J. Warren finds that the trial court properly convicted defendants of murder, participating in criminal street gang activity, armed robbery and other offenses. The trial court correctly rejected defendants' motions for directed verdicts of acquittal. Sufficient evidence was presented to support defendants' convictions, including evidence that defendants assisted co-defendants in carrying out the plan to kill the victim because the victim was believed to be a police informant. Evidence also showed that defendants were associated with the Gangster Disciples street gang and that they killed the victim in furtherance of the gang's interests. One defendant failed to show that the trial court abused its discretion by admitting evidence showing that he participated in another murder days after the victim's murder. Affirmed.
Court: Georgia Supreme Court, Judge: Warren, Filed On: October 24, 2023, Case #: S23A0783, Categories: murder, Robbery, gangs
J. Krause finds the trial court properly convicted defendant for murder and criminal street gang-associated terrorism. All evidence, including that of his use of a knife, used as a sentencing enhancement, supports the convictions. The abstract of judgment should be corrected to reflect conviction by jury, and defendant is entitled to the retroactive application of the Assembly Bill redefining what can be legally considered a pattern of criminal gang activity, requiring reversal of his gang conviction. Affirmed in part. Reversed and remanded in part.
Court: California Courts Of Appeal, Judge: Krause, Filed On: October 3, 2023, Case #: C096306, Categories: Evidence, murder, gangs
J. Boulware Eurie finds that the trial court properly admitted screenshots of a rap video that show defendant's tattoo, blue clothes, a hand sign and other indicators of his association with the Crips that were relevant to show his motive for shooting a victim who was wearing red. The screenshots were not prejudicial since they were central to the state's claim that defendant believed the victim was in a rival Bloods gang and the video itself was not played. Also, recent legislation that limits the evidentiary use of forms of creative expression is not retroactively applicable. Affirmed.
Court: California Courts Of Appeal, Judge: Boulware Eurie, Filed On: September 11, 2023, Case #: C096437, Categories: murder, gangs
J. Boggs finds that the trial court properly convicted defendant of murder, robbery, street gang terrorism and other offenses. Defendant failed to show that the trial outcome was probably affected by the admission of evidence of his three prior misdemeanor convictions for simple battery. The evidence of defendant's guilt was overwhelming and he admitted that he shot the victim. Affirmed.
Court: Georgia Supreme Court, Judge: Boggs, Filed On: September 6, 2023, Case #: S23A0620, Categories: murder, Robbery, gangs
J. LaGrua finds that the trial court properly convicted defendant of murder, firearm offenses and violations of the Georgia Street Gang Terrorism and Prevention Act. Sufficient evidence was presented to support defendant's convictions, including evidence that defendant was a member of the Gangster Disciples gang and that he shot the victim, who was a member of a rival gang, in furtherance of the gang's interests. Defendant failed to show that his trial counsel performed deficiently or that he was prejudiced by the alleged deficiencies. Affirmed.
Court: Georgia Supreme Court, Judge: LaGrua, Filed On: August 21, 2023, Case #: S23A0595, Categories: Ineffective Assistance, murder, gangs
J. Graeff finds that the lower court properly denied defendant's motion for judgment of acquittal on the charge of participation in a criminal organization that resulted in death. Defendant, a former gang member who robbed, shot and killed another man who had just left his own birthday celebration, argues he did not do so as part of the gang. However, because the gang supplied the weapon and defendant sought help from the gang afterward, his actions are considered to be in association with the gang and therefore demand a felony conviction. Affirmed.
Court: The Appellate Court of Maryland, Judge: Graeff, Filed On: July 25, 2023, Case #: 03-K-18-003647, Categories: murder, Robbery, gangs
J. Raphael finds, on first impression, that Assembly Bill 333, which limits the punishments for gang participation, does not apply to serious felony and strike priors based on active participation in a criminal street gang. The trial court must allow the state to retry defendants on gang participation and gang enhancement counts, and to seek upper term sentences. Reversed in part.
Court: California Courts Of Appeal, Judge: Raphael, Filed On: June 30, 2023, Case #: E077553, Categories: murder, Sentencing, gangs
[Consolidated.] J. Stewart finds that the trial court properly relied on jury findings that defendants intended to kill before it issued gang and multiple-murder special-circumstances resentencing verdicts, but it must nonetheless hold an evidentiary hearing to determine whether they are entitled to resentencing relief on first-degree murder convictions. Also, the trial court was within its discretion to refuse to dismiss prior serious felony gang-related gun enhancements. Reversed in part.
Court: California Courts Of Appeal, Judge: Stewart, Filed On: June 30, 2023, Case #: A162472, Categories: murder, Sentencing, gangs
J. Johnson finds the trial court properly convicted defendant for murder and multiple counts of attempted murder for firing into a crowd of teenagers he mistook for rival gang members in retaliation for a prior shooting in which he was shot. All evidence and witness testimony support conviction. Though evidence of defendant's gang affiliation was excessive, irrelevant, and prejudicial, reversal is not required as the result would have been the same. Affirmed.
Court: Illinois Appellate Court, Judge: Johnson , Filed On: June 30, 2023, Case #: 1-19-1353, Categories: Evidence, murder, gangs
[Consolidated.] J. Boggs finds that the trial court properly convicted defendants of murder, participation in criminal street gang activity, aggravated assault and other offenses. Sufficient evidence was presented to support defendants' convictions. The trial court did not violate the continuing witness rule by allowing the jury to watch surveillance videos in the jury room during deliberations. The trial court correctly denied two defendants' motions for a mistrial based on the failure to exclude evidence found on one defendant's phone. Two defendants' motions to sever their trials from each other and from their co-defendants were also correctly denied. Any error the trial court committed in failing to give defendants' attorneys a chance to provide input on questions submitted by the jury via notes was harmless. Affirmed.
Court: Georgia Supreme Court, Judge: Boggs, Filed On: June 21, 2023, Case #: S23A0316, Categories: Jury, murder, gangs
J. Colvin finds that the trial court properly convicted defendant of murder, participation in criminal street gang activity and other related offenses. Sufficient evidence was presented to support defendant's conviction for violating the Georgia Street Gang Terrorism and Prevention Act, including evidence that defendant was associated with the Bloods gang and that he committed the murder to further the gang's interests. The trial court did not commit any error in admitting as an excited utterance a hearsay statement that defendant had shot someone. The person who made the statement could not have said it more than 20 minutes after the shooting and behaved in a way that could show he was in a state of excitement. Defendant failed to show that his trial counsel performed deficiently. Affirmed.
Court: Georgia Supreme Court, Judge: Colvin, Filed On: June 21, 2023, Case #: S23A0032, Categories: Ineffective Assistance, murder, gangs
J. Groban finds the trial court properly convicted defendant for murder, though the court of appeal improperly affirmed the sentencing enhancements for his association with a criminal street gang and for firearm use. The jury was not instructed, as required by a recent Assembly Bill, that the predicate offenses must have “commonly benefited [the] criminal street gang, and the common benefit from the offenses is more than reputational.” It was not proven whether defendant’s claims of gang association were true or not, and the firearm enhancement is contingent upon the gang enhancement. The court of appeal’s affirmation of the enhancements is reversed and remanded.
Court: California Supreme Court, Judge: Groban, Filed On: May 25, 2023, Case #: S273134, Categories: murder, Sentencing, gangs