Don't bother with witness intimidation after your "friend" has already reported your confession to the grand jury in detail!
2015-M-276 De-Aunteze Lavion Bobo, petitioner, Appellant, vs. State of Minnesota, Respondent.
THE CRIME:
As he sat in a parked vehicle on June 2, 2006, James Roberts was shot and killed. Police later discovered the gun used in the June 2006 shooting when they arrested Leonard Slaughter on unrelated charges.
Bobo, an associate of Slaughter, also was under investigation when Samuel James told police that Bobo had admitted his involvement in the June 2006 shooting. James repeated this statement in his grand jury testimony. At Bobo’s trial, however, James refused to answer the prosecutor’s questions and instead claimed that Bobo was innocent. The State offered as evidence James’s grand jury
testimony implicating Bobo and relied heavily on it as probative evidence of Bobo’s guilt. The jury returned a guilty verdict and Bobo was convicted of first-degree murder while committing a drive-by shooting. The district court subsequently imposed a life sentence with the possibility of release.
2015-M-276 De-Aunteze Lavion Bobo, petitioner, Appellant, vs. State of Minnesota, Respondent.
THE CRIME:
As he sat in a parked vehicle on June 2, 2006, James Roberts was shot and killed. Police later discovered the gun used in the June 2006 shooting when they arrested Leonard Slaughter on unrelated charges.
Bobo, an associate of Slaughter, also was under investigation when Samuel James told police that Bobo had admitted his involvement in the June 2006 shooting. James repeated this statement in his grand jury testimony. At Bobo’s trial, however, James refused to answer the prosecutor’s questions and instead claimed that Bobo was innocent. The State offered as evidence James’s grand jury
testimony implicating Bobo and relied heavily on it as probative evidence of Bobo’s guilt. The jury returned a guilty verdict and Bobo was convicted of first-degree murder while committing a drive-by shooting. The district court subsequently imposed a life sentence with the possibility of release.
THIS APPEAL: Apelllant De-Aunteze Lavion Bobo challenges the denial of his third and fourth petitions for postconviction relief in this first-degree murder case. Following an evidentiary hearing, the postconviction court determined that, because the witnesses who testified on Bobo’s behalf were not credible, the evidence that Bobo presented as newly discovered failed to satisfy the materiality requirement of the test announced in Rainer v. State, 566 N.W.2d 692, 695 (Minn. 1997). For the reasons that follow, we affirm.
HELD: The postconviction court did not abuse its discretion when it denied appellant’s third and fourth petitions for postconviction relief.
Wright (Gildea, Page, Anderson, Dietzen, Stras, and Lillehaug)
[MURDER]
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