This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.
Facts
- A violent confrontation occurred between the Defendant, Oshay Toney, a Codefendant, Thomas Stevenson, and Marvin Ellis (the Victim), resulting in more than twenty shots fired into the SUV driven by the Victim. Both the Defendant and Codefendant discharged multiple shots. The Defendant claimed self-defense, asserting the Victim was aiming a gun at him, prompting him to shoot at the SUV. Contrary evidence presented by the State suggested the Victim was unarmed at the onset of the shooting. The jury convicted the Defendant of felony murder, voluntary manslaughter, shooting at a motor vehicle causing great bodily harm, and aggravated assault with a deadly weapon. The convictions for felony murder and voluntary manslaughter were later vacated by the district court (para 2).
Procedural History
- [Not applicable or not found]
Parties' Submissions
- Defendant: Argued self-defense, claiming the Victim pointed a gun at him, which led him to shoot at the SUV. He also contested the sufficiency of evidence for his convictions and raised issues regarding the admission of evidence of prior violent acts and a claimed Brady violation (paras 3, 4, 6).
- State: Introduced evidence suggesting the Victim was unarmed when the shooting began and argued against the Defendant's claims of self-defense, sufficiency of evidence, and procedural errors (paras 2, 3, 4, 6).
Legal Issues
- Whether the district court erred in its interpretation of Rule 11-404(A)(2)(b)(ii) concerning the admission of evidence of prior violent acts by the Defendant (para 3).
- Whether there was a Brady violation due to the prosecution's failure to disclose the arrest of a key witness after her testimony (para 4).
- Whether there was sufficient evidence to support the Defendant's convictions (para 6).
Disposition
- The Court of Appeals affirmed the Defendant's convictions for shooting at a motor vehicle (great bodily harm) and aggravated assault with a deadly weapon (para 1).
Reasons
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The Court, comprising Judge Julie J. Vargas, Chief Judge J. Miles Hanisee, and Judge Kristina Bogardus, provided the following reasons for their decision:Regarding Rule 11-404(A)(2)(b)(ii): The Court held that the Defendant did not establish that he was prejudiced by the district court’s erroneous interpretation of the rule, nor was he inhibited in presenting evidence of the Victim's prior violent acts or in presenting his self-defense claim (para 3).On the claimed Brady violation: The Court declined the Defendant's request to supplement the record with the transcript from the sentencing hearing, noting the Defendant's burden to provide a sufficient record for review. The Court found that the issue was not preserved for appeal and, therefore, would not address it (paras 4-5).Sufficiency of the Evidence: The Court concluded that the testimony of the Victim's girlfriend, despite being contested by the Defendant for inconsistencies, was sufficient for the jury to assess credibility and resolve conflicts in testimony. The Court found that the evidence, when viewed in the light most favorable to the verdict, was sufficient to support the Defendant's convictions (paras 6-8).
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