Gutierrez v. State
Court of Appeals of Maryland
1Opinion of the CourtAdkins, J.
In this case we must determine whether expert testimony about the history, hierarchy, and common practices of a street gang is admissible as proof of motive or is prohibited by Maryland Rule 5-404(b) as evidence of other crimes, wrongs or acts. We hold that such testimony is permissible where fact evidence establishes that the crime charged was gang-related and the probative value of the testimony is not sub*482stantially outweighed by any unfair prejudice to the defendant.
Defendant Mario Rodriguez Gutierrez was charged with first-degree murder, first-degree assault, and use of a handgun in the…
Also in this document: Dissent.
2Cases cited22 opinions
- Dorsey v. StateCourt of Appeals of Maryland · 1976
- United States v. MejiaCourt of Appeals for the Second Circuit · 2008
- People v. GonzalezCalifornia Supreme Court · 2006
- United States v. Bahman Mansoori, Mark Cox, Mohammad Mansoori, Kenneth Choice, and Terry YoungCourt of Appeals for the Seventh Circuit · 2002
- State v. FaulknerCourt of Appeals of Maryland · 1989
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3Cited by24 opinions
- Bazzle v. StateCourt of Appeals of Maryland · 2012
- People v. ClarkColorado Court of Appeals · 2015
- Smith v. StateCourt of Special Appeals of Maryland · 2014
- Snyder v. StateCourt of Special Appeals of Maryland · 2013
- People v. TrujilloColorado Court of Appeals · 2014
19 more not listed; retrieve them via the Exa API.