Legal Opinion

Gutierrez v. State

Court of Appeals of Maryland

Decided November 29, 2011No. 98, September Term, 2009PublishedCited by 24 opinions

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

  1. Dorsey v. StateCourt of Appeals of Maryland · 1976
  2. United States v. MejiaCourt of Appeals for the Second Circuit · 2008
  3. People v. GonzalezCalifornia Supreme Court · 2006
  4. United States v. Bahman Mansoori, Mark Cox, Mohammad Mansoori, Kenneth Choice, and Terry YoungCourt of Appeals for the Seventh Circuit · 2002
  5. State v. FaulknerCourt of Appeals of Maryland · 1989

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3Cited by24 opinions

  1. Bazzle v. StateCourt of Appeals of Maryland · 2012
  2. People v. ClarkColorado Court of Appeals · 2015
  3. Smith v. StateCourt of Special Appeals of Maryland · 2014
  4. Snyder v. StateCourt of Special Appeals of Maryland · 2013
  5. People v. TrujilloColorado Court of Appeals · 2014

19 more not listed; retrieve them via the Exa API.

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