How win an appeal of a crime committed for the benefit of a gang in Minnesota: challenging the admissibility of gang “expert” testimony
Minnesota has a statute that significantly increases the punishment for those who commit a crime for the benefit of the gang. Minn. Stat. § 609.229. This is most frequently used in conspiracy, controlled substance, and murder cases. To be convicted for committing a crime for the benefit of the gang, the government must prove that the defendant was a member of the gang. If the government were to present only independent evidence, then a jury could fairly decide the issue. However, prosecutors across the state of Minnesota routinely used law enforcement as witnesses under the guise of them being “gang experts”. This is where the problems ensue.
Admissibility of Gang Expert Testimony
The Minnesota Supreme Court has commented that there is “something rather offensive” in allowing a police officer to testify “not only to the conduct that allegedly fits the pattern of the gang conduct but also that the defendant’s conduct fits the pattern in the case on trial.” State v. DeShay, 669 N.W.2d 878 (Minn. 2003). The law in this area is complicated, resulting in there being appellate cases that say the district court’s ruling to allow gang expert testimony was error. But also affirming the cases because the error was only a “harmless error.” Explaining what a harmless error is beyond the scope of this blog post. But what you should know is that appealing these cases are difficult to get complete reversals, but at the same time, the Minnesota Supreme Court has communicated that they are very upset with how the district court is allowing in certain types of gang expert testimony that is improper. With complicated issues like this, talking to a skilled appeals attorney is advised.
Conclusion
If you or a loved one were convicted of committing a crime for the benefit of a gang, you should contact a skilled Minnesota appeals attorney. Jack Rice Defense utilizes its extensive knowledge of criminal defense and appeals to craft the best strategy to counteract the conviction in your case. It’s important for you to act fast because generally the deadline to appeal felony and gross misdemeanor cases is 90 days; and 30 days for misdemeanors. Contact Jack Rice Defense if you want to appeal your case. (651) 447-7650
Peter Lindstrom
Peter is the head of the appellate and expungement departments at Jack Rice Defense. The Minnesota Court of Appeals reversed a felony conviction because of the brief Peter drafted. At the district court level, he has tried two felony jury trials to verdict, and successfully dismissed a felony gun case on 4th amendment grounds. Peter is particularly known for his intelligence, creativity, and legal acumen.
