Case Law Tann v. United States

Tann v. United States

Document Cited Authorities (240) Cited in (29) Related

127 A.3d 400

Michael D. TANN, Lannell Cooper, Antonio Arnette, James Rushing, Saquawn Harris, and Dajuan D. Beaver, Appellants,
v.
UNITED STATES, Appellee.

Nos. 09–CF–1438
10–CF–54
09–CF–1439
10–CF–55
09–CF–1450
09–CF–1469
09–CF–1482
09–CF–1483
10–CF–120.

District of Columbia Court of Appeals.

Argued March 25, 2014.
Decided Nov. 19, 2015.


127 A.3d 416

Judith A. Lovelace, for appellant Tann.

Thomas T. Heslep, Washington, DC, for appellant Cooper.

Deborah A. Persico, for appellant Arnette.

Steven R. Kiersh, Washington, DC, for appellant Rushing.

Christopher Kemmitt, Public Defender Service, with whom James Klein, Public Defender Service, was on the brief, for appellant Harris.

Stephen W. Riddell, for appellant Beaver.

Elizabeth Gabriel, Assistant United States Attorney, with whom

127 A.3d 417

Ronald C. Machen Jr., United States Attorney at the time the brief was filed, and Elizabeth Trosman, John P. Mannarino, Laura Bach, and John Giovanelli, Assistant United States Attorneys, were on the brief, for appellee.

Before GLICKMAN, BLACKBURNE–RIGSBY, and THOMPSON, Associate Judges.

PER CURIAM:

After a nine-month jury trial, the six appellants in this case were convicted of conspiracy and a string of violent crimes, including homicides, that were committed in connection with their membership in a gang known as the 22nd Street Crew. They raise numerous challenges to their convictions in these consolidated appeals. With a few exceptions, however, we affirm the judgments of the Superior Court.

In view of the length of this opinion, before commencing our discussion of the proceedings below and appellants' claims, we set forth the following table of contents as an aid to the reader.

Table of Contents
I. The Leslie Jones Murder 419
II. The Terrence Jones Murder and Richard Queen Assault 420
III. The James Taylor Murder and Bernard Mackey Assault 420
IV. The Laquanda Johnson Murder and Keisha Frost Assault 421
V. Obstruction of Justice—Witness Intimidation and Manipulation 422
VI. Procedural Developments 422
VII. Claims Concerning the Sufficiency of the Evidence 423
A. Conspiracy 423
1. Antonio Arnette 426
2. Dajuan Beaver 427
3. Lannell Cooper 427
4. Saquawn Harris 427
5. James Rushing 428
6. Michael Tann 428
B. Terrence Jones–Richard Queen Incident 430
1. Tann's Convictions: Second–Degree Murder While Armed of Terrence Jones, Armed Robbery of Richard Queen, and Possession of a Firearm During the Commission of a Crime of Violence ("PFCV") 430
2. Arnette's Convictions: Second–Degree Murder While Armed of Terrence Jones, Armed Robbery of Richard Queen, and PFCV 432
C. James Taylor–Bernard Mackey Incident 435
1. The Government's Argument 437
2. Appellant's Argument 438
3. Analysis 439
D. Beaver's Conviction: Obstruction of Justice 450
E. Beaver's Conviction: Carrying a Pistol Without a License ("CPWL") 453
F. Cooper's Conviction: Laquanda Johnson Murder Under Pinkerton 454
VIII. Procedural and Evidentiary Issues Related to the Conspiracy And Appellants' Joint Trial 456
A. Cooper's Prior Convictions 456
1. Error in Admitting Cooper's Convictions Against Tann and Arnette 457
2. Harmlessness 459
3. Admission Against Cooper 460
B. Tann's Severance Argument Unrelated to Cooper's Prior Conviction 461
C.
...
5 cases
Document | U.S. District Court — District of Columbia – 2016
Doe v. Dist. of Columbia
"... ... DISTRICT OF COLUMBIA, Defendant. Civil Action No.: 01-2398 (RC) United States District Court, District of Columbia. Signed September 9, 2016 Harvey Shepherd Williams, ... 2720, 2724, 186 L.Ed.2d 794 (2013) ); see, e.g. , Tann v. United States , 127 A.3d 400, 441 (D.C. 2015) (applying this principle in the criminal ... "
Document | Court of Special Appeals of Maryland – 2019
Montague v. State
"... ... State , 464 Md. 68, 89, 211 A.3d 236 (2019) (citing Simmons v. United States , 390 U.S. 377, 383–94, 88 S.Ct. 967, 19 L.Ed.2d 1247 (1968) ). However, although the ... 264, 45 S.W.3d 820, 822–23 (2001) ; Taylor v. State , 76 A.3d 791, 802 (Del. 2013) ; Tann v. United States , 127 A.3d 400, 468–69 (D.C. 2015) ; Taylor v. State , 297 Ga. 132, 772 ... "
Document | D.C. Court of Appeals – 2019
Ashby v. United States
"... ... McCray's statement entirely; based on her testimony that she had known Logan for thirty years and that they had "always been close like family friends," the jury could have reasonably concluded that she lied for Logan – and this would be within its province as the finder of fact. Tann v. United States , 127 A.3d 400, 430 (D.C. 2015) ("[w]e afford the jury's credibility determination substantial deference on appellate review."). However, even if the jury had credited Ms. McCray's story, there would have been time for Logan to leave her house, commit the crime, and return, ... "
Document | Court of Special Appeals of Maryland – 2020
Montague v. State
"... ... "hip-hop" and then became the ubiquitous beat of rap music that is widely disseminated in the United States and world-wide. Over the past five decades, featuring artists such as Run-D.M.C., 2Pac, and ... 264, 45 S.W.3d 820, 822–23 (2001) ; Taylor v. State , 76 A.3d 791, 802 (Del. 2013) ; Tann v. United States , 127 A.3d 400, 468–69 (D.C. 2015) ; Taylor v. State , 297 Ga. 132, 772 ... "
Document | D.C. Court of Appeals – 2022
Gordon v. United States
"... ... "The standard by which we review a denial of a MJOA is de novo, and we, like the trial court, determine whether the evidence, viewed in the light most favorable to the government, was such that a reasonable juror could find guilt beyond a reasonable doubt." Tann v. United States , 127 A.3d 400, 424 (D.C. 2015) (internal quotations and citations omitted). When reviewing the sufficiency of the evidence, we "giv[e] full play to the right of the jury to determine credibility, weigh the evidence, and draw justifiable inferences of fact, and mak[e] no ... "

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5 cases
Document | U.S. District Court — District of Columbia – 2016
Doe v. Dist. of Columbia
"... ... DISTRICT OF COLUMBIA, Defendant. Civil Action No.: 01-2398 (RC) United States District Court, District of Columbia. Signed September 9, 2016 Harvey Shepherd Williams, ... 2720, 2724, 186 L.Ed.2d 794 (2013) ); see, e.g. , Tann v. United States , 127 A.3d 400, 441 (D.C. 2015) (applying this principle in the criminal ... "
Document | Court of Special Appeals of Maryland – 2019
Montague v. State
"... ... State , 464 Md. 68, 89, 211 A.3d 236 (2019) (citing Simmons v. United States , 390 U.S. 377, 383–94, 88 S.Ct. 967, 19 L.Ed.2d 1247 (1968) ). However, although the ... 264, 45 S.W.3d 820, 822–23 (2001) ; Taylor v. State , 76 A.3d 791, 802 (Del. 2013) ; Tann v. United States , 127 A.3d 400, 468–69 (D.C. 2015) ; Taylor v. State , 297 Ga. 132, 772 ... "
Document | D.C. Court of Appeals – 2019
Ashby v. United States
"... ... McCray's statement entirely; based on her testimony that she had known Logan for thirty years and that they had "always been close like family friends," the jury could have reasonably concluded that she lied for Logan – and this would be within its province as the finder of fact. Tann v. United States , 127 A.3d 400, 430 (D.C. 2015) ("[w]e afford the jury's credibility determination substantial deference on appellate review."). However, even if the jury had credited Ms. McCray's story, there would have been time for Logan to leave her house, commit the crime, and return, ... "
Document | Court of Special Appeals of Maryland – 2020
Montague v. State
"... ... "hip-hop" and then became the ubiquitous beat of rap music that is widely disseminated in the United States and world-wide. Over the past five decades, featuring artists such as Run-D.M.C., 2Pac, and ... 264, 45 S.W.3d 820, 822–23 (2001) ; Taylor v. State , 76 A.3d 791, 802 (Del. 2013) ; Tann v. United States , 127 A.3d 400, 468–69 (D.C. 2015) ; Taylor v. State , 297 Ga. 132, 772 ... "
Document | D.C. Court of Appeals – 2022
Gordon v. United States
"... ... "The standard by which we review a denial of a MJOA is de novo, and we, like the trial court, determine whether the evidence, viewed in the light most favorable to the government, was such that a reasonable juror could find guilt beyond a reasonable doubt." Tann v. United States , 127 A.3d 400, 424 (D.C. 2015) (internal quotations and citations omitted). When reviewing the sufficiency of the evidence, we "giv[e] full play to the right of the jury to determine credibility, weigh the evidence, and draw justifiable inferences of fact, and mak[e] no ... "

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  • Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength

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  • Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength

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