Friday, September 15, 2017

2012-215           State of Minnesota, Respondent, vs. Jerome Emmanuel Davis, Appellant.

Appellant Jerome Emmanuel Davis was convicted of aiding and abetting first-degree felony murder for the shooting death of Armando Calix.  The district court sentenced Davis to life in prison.  On appeal, Davis claims that numerous errors entitle him to a new trial.  We disagree, and therefore affirm Davis’s conviction.

HELD:  First, even if the district court abused its discretion by admitting appellant’s custodial statement, the error was harmless beyond a reasonable doubt. 

Second, the district court did not commit plain error in admitting evidence of a witness’s fear and failing to sua sponte give a cautionary instruction.

Third, the district court did not err by declining to admit certain hearsay statements.

Fourth, the district court did not commit plain error in giving a no-adverse inference instruction without appellant’s clear consent because the error did not affect appellant’s substantial rights.

Fifth, the cumulative effect of the district court’s errors does not entitle appellant to a new trial. 

Sixth, the issues raised in appellant’s supplemental pro se briefs lack merit.

 Affirmed.

Gildea (Page, Paul Anderson, Meyer, Barry Anderson, Dietzen, Stras)
[MURDER]

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