Monday, September 18, 2017

Several witnesses watched the bar fight closely, and they got your plates as they watched him flee after he pumped four bullets into the head of the unarmed victim.

2016-M-328         State of Minnesota, Respondent, vs. Shavelle Oscar Chavez-Nelson, Appellant.

THE BACKGROUND: After 1:00 a.m. on September 22, 2013, Chavez-Nelson and Palagor Obang Jobi engaged in an extended argument in front of several witnesses.  Jobi was very intoxicated, with a .26 blood-alcohol content.  Finally, Chavez-Nelson pulled a gun.

Chavez-Nelson fired nine shots.  Six of the shots hit Jobi in the back.  Two of the shots hit Jobi from the front in his waist and his forehead. After a pause of at least 15 seconds, Chavez-Nelson stood over Jobi’s body and fired four shots into the back of his head.  Chavez-Nelson fled, but was captured after a car chase several days later.

On October 24, 2013, a grand jury indicted Chavez-Nelson on charges of first-degree premeditated murder and second-degree intentional murder.  After a jury trial, Chavez-Nelson was found guilty of all counts and sentenced to life in prison for the first-degree murder conviction.

THIS APPEAL:  On this direct appeal, the Supreme Court upheld Chavez-Nelson’s conviction and sentence.

First, the district court erred when it denied appellant’s request to have advisory counsel assume full representation of his case, but the error was harmless beyond a reasonable doubt.

Second, the district court did not commit errors that, either individually or cumulatively, deprived appellant of his right to a fair trial.
Third, appellant was not prejudiced by the district court’s refusal to instruct the jury on the lesser-included offense of first-degree manslaughter.
Fourth, appellant’s supplemental pro se claims were without merit.

Anderson (Gildea, Dietzen, Stras, Lillehaug, and Hudson)
               Took No Part:  Chutich.
               [CRIME] [MURDER] [PREMEDITATED] [FIRST-DEGREE]
Date: July 06, 2016

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