6 results for 'cat:"Evidence" AND cat:"Gangs"'.
J. Peterson finds that the appeals court properly overturned the trial court's order granting the state's motion to admit evidence of another act of defendant's alleged prior gang activity but refusing to admit two other instances. Defendant was indicted for aggravated assault, firearm offenses and violations of the Georgia Street Gang Terrorism and Prevention Act. The appeals court correctly found that a rule governing admissibility of evidence does not require a showing that the other act was committed to further the gang's interests. Affirmed.
Court: Georgia Supreme Court, Judge: Peterson, Filed On: March 5, 2024, Case #: S23G0448, Categories: evidence, 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
J. Heytens properly convicted the gang members. The gang members associated with the Bloods street and prison gang were convicted of racketeering after admitting to killing rival gang members and selling drugs. Evidence, including text messages and witness testimonials, are more than sufficient for their convictions. Affirmed.
Court: 4th Circuit, Judge: Heytens, Filed On: January 8, 2024, Case #: 20-4565, Categories: evidence, Racketeering, 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. 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
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J. Worthen finds the trial court properly convicted defendant for possession of a controlled substance. Defendant was arrested at his residence on an outstanding warrant and his girlfriend told the arresting officer that he was also in possession of meth. Further investigation produced a bag containing more than one gram of meth in the bedroom where defendant was found. Other witnesses at the residence testified that they had previously seen defendant with the bag. All evidence supports conviction. Counsel’s objections to evidence of defendant's gang membership were insufficient to preserve the argument for review, not mentioning the specific rule. Affirmed.
Court: Texas Courts of Appeals, Judge: Worthen, Filed On: June 14, 2023, Case #: 12-22-00229-CR, Categories: Drug Offender, evidence, gangs