2009-M-123             State of Minnesota, Respondent, vs. Cornelius H. Jackson, Appellant.

MAJORITY:  Appellant Cornelius Jackson was indicted for first-degree premeditated murder, and crime committed for the benefit of a gang for the shooting death of Christopher Lynch.  A Hennepin County jury found Jackson guilty of both counts.  The district court entered judgment of conviction of first-degree premeditated murder against Jackson, and he was sentenced to life in prison without the possibility of release.  We affirm.

First, the district court did not abuse its discretion in granting the State’s motion for joinder of Jackson and his codefendant’s cases for trial.

Second, the  district court did not abuse its discretion in concluding that Jackson and his codefendant were entitled to 20 peremptory strikes and Jackson has failed to establish prejudice.

Third, the  district court properly followed the Batson analysis, and its decision to sustain the prosecutor’s peremptory challenge of a potential African-American juror was not clearly erroneous.

Fourth, the prosecutor  did not commit misconduct during either the questioning of the witnesses or closing argument.  But even if misconduct occurred, it was either harmless, or did not affect Jackson’s substantial rights.

Fifth, the  issue of whether there was sufficient evidence to support a crime committed for the benefit of a gang is moot.

Sixth, the e issues Jackson raises in his pro se brief lack merit.

DISSENT:  Justices Page and Paul Anderson opined:  “For the reasons set forth in my dissent in State v. Martin, Case No. A07-1262, ___ N.W.2d ___ (Minn. Oct. 8, 2009), I respectfully dissent

               Dietzen (Magnuson, Meyer, Barry Anderson, and Gildea)

               Dissent:  Page and Paul Anderson

[MURDER]