Don't seek revenge in a club full of witnesses and a block full of security camera's!
BACKGROUND: This case is about gang rivalries and personal revenge. Brown was a member of the Shotgun Crips and Delarius Miller was a member of a rival gang. On June 3, 2008, Brown fired a shot in the air at an intersection in Richfield. He was arrested on July1, 2008, and pleaded guilty to unlawful discharge of a firearm. The police kept a casing found at the scene.
Brown was released from jail at 3 p.m. on August 28, 2008 wearing a ponytail, a white shirt and a large necklace. By midnight, Brown was seen fighting at a bar in downtown Minneapolis and leaving with T.S. in a car which a bouncer identified and a record of the license plate. At 3:00 a.m. on August 29, Miller was attacked outside a second bar, but the fight moved off camera. A man wearing a ponytail, a white shirt and large necklace shot Miller to death and left in a car that a security camera showed was similar to the car driven earlier by T.S.
The casing left at the murder scene matched the casing left at the Richfield incident. An eyewitness to the murder testified that the shooter was wearing a ponytail, a white shirt and large necklace. A witness in the club who knew Brown testified that Brown was in the club at the time of the shooting and was wearing a ponytail, a white shirt, and a large necklace. Two fellow inmates testified that Brown had confessed to the murder.
A jury found Brown guilty of all four counts of murder. The trial court convicted Brown of first-degree murder committed for the benefit of a gang. He was sentenced to life imprisonment without the possibility of release, plus an additional year because the crime had been committed for the benefit of a gang.
In 2010, Brown filed his direct appeal. He sought and was granted a stay of that appeal so that he could file his first post-conviction appeal. That was granted.
In 2012, the Supreme Court denied Brown’s merged direct appeal and his first post-conviction appeal.
In In December, 2012, the United States Supreme Court denied Brown’s petition for a writ of certiorari.
In December, 2014, Brown filed his second post-conviction appeal. Over the next six months, Brown filed four more additions to this
On July 23, 2015, the post-conviction court denied all relief, including Brown’s request for an evidentiary hearing. Brown appealed to this court, but the appeal was stayed on Brown’s motion because he planned to file a third petition for post-conviction relief.
On October 23, 2015, Brown filed his third petition for post-conviction relief, raising new claims and expanding on other claims previously raised in the second petition and its addenda. appeal.
On November 25, 2015, he requested re-testing of bullets that had been found at the crime scene. The post-conviction court again denied all relief, including his request for an evidentiary hearing.
HELD: On this consolidated review, the Supreme Court rejected all elements ofBrown’s second post-conviction appeal and third post-conviction appeal. It upheld his conviction and life sentence.
The post-conviction court did not abuse its discretion when it denied appellant’s witness-recantation claim under the Larrison standard.
The post-conviction court did not abuse its discretion when it denied appellant’s claim that the State had engaged in prosecutorial misconduct.
The post-conviction court did not abuse its discretion when it denied appellant’s untimely filed post-conviction claim that the State knowingly used false evidence.
The post-conviction court did not abuse its discretion when it denied appellant’s untimely filed post-conviction claim that a State witness testified falsely at trial.
The post-conviction court did not abuse its discretion when it denied appellant’s untimely filed post-conviction claims that he received ineffective assistance of trial counsel and appellate counsel.
Affirmed. Considered and decided by the court without oral argument
Lillehaug (Gildea, Anderson, Stras, Hudson, Chutich, and McKeig)
DATE: May 24, 2017
[CRIME] [MURDER] [PREMEDITATED] [FIRST-DEGREE] [GANG]
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Demographic Information**
MNDOC Offender ID:
231769
Name:
Jerrell Michael Brown
Birth Date:
06/07/1987
Current Status:
Incarcerated as of 03/10/2010. Currently at MCF Stillwater.
Sentence Date:
03/08/2010
Anticipated Release Date:
Life without Parole
Expiration Date:
Life
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