Tann v. United States

• Decision Date: 19 November 2015
• Docket Number: 09–CF–1469,Nos. 09–CF–1438,09–CF–1482,10–CF–55,09–CF–1439,10–CF–120.,10–CF–54,09–CF–1450,09–CF–1483,s. 09–CF–1438
• Citation: 127 A.3d 400
• Parties: Michael D. TANN, Lannell Cooper, Antonio Arnette, James Rushing, Saquawn Harris, and Dajuan D. Beaver, Appellants, v. UNITED STATES, Appellee.
• Court: D.C. Court of Appeals

127 A.3d 400

Michael D. TANN, Lannell Cooper, Antonio Arnette, James Rushing, Saquawn Harris, and Dajuan D. Beaver, Appellants,
v.
UNITED STATES, Appellee.

Nos. 09–CF–1438
10–CF–54
09–CF–1439
10–CF–55
09–CF–1450
09–CF–1469
09–CF–1482
09–CF–1483
10–CF–120.

District of Columbia Court of Appeals.

Argued March 25, 2014.
Decided Nov. 19, 2015.

127 A.3d 416

Judith A. Lovelace, for appellant Tann.

Thomas T. Heslep, Washington, DC, for appellant Cooper.

Deborah A. Persico, for appellant Arnette.

Steven R. Kiersh, Washington, DC, for appellant Rushing.

Christopher Kemmitt, Public Defender Service, with whom James Klein, Public Defender Service, was on the brief, for appellant Harris.

Stephen W. Riddell, for appellant Beaver.

Elizabeth Gabriel, Assistant United States Attorney, with whom

127 A.3d 417

Ronald C. Machen Jr., United States Attorney at the time the brief was filed, and Elizabeth Trosman, John P. Mannarino, Laura Bach, and John Giovanelli, Assistant United States Attorneys, were on the brief, for appellee.

Before GLICKMAN, BLACKBURNE–RIGSBY, and THOMPSON, Associate Judges.

PER CURIAM:

After a nine-month jury trial, the six appellants in this case were convicted of conspiracy and a string of violent crimes, including homicides, that were committed in connection with their membership in a gang known as the 22nd Street Crew. They raise numerous challenges to their convictions in these consolidated appeals. With a few exceptions, however, we affirm the judgments of the Superior Court.

In view of the length of this opinion, before commencing our discussion of the proceedings below and appellants' claims, we set forth the following table of contents as an aid to the reader.

Table of Contents

I.	The Leslie Jones Murder	419
II.	The Terrence Jones Murder and Richard Queen Assault	420
III.	The James Taylor Murder and Bernard Mackey Assault	420
IV.	The Laquanda Johnson Murder and Keisha Frost Assault	421
V.	Obstruction of Justice—Witness Intimidation and Manipulation	422
VI.	Procedural Developments	422
VII.	Claims Concerning the Sufficiency of the Evidence	423

A. Conspiracy 423

1.	Antonio Arnette	426
2.	Dajuan Beaver	427
3.	Lannell Cooper	427
4.	Saquawn Harris	427
5.	James Rushing	428
6.	Michael Tann	428

B. Terrence Jones–Richard Queen Incident 430

1.	Tann's Convictions: Second–Degree Murder While Armed of Terrence Jones, Armed Robbery of Richard Queen, and Possession of a Firearm During the Commission of a Crime of Violence ("PFCV")	430
2.	Arnette's Convictions: Second–Degree Murder While Armed of Terrence Jones, Armed Robbery of Richard Queen, and PFCV	432

C. James Taylor–Bernard Mackey Incident 435

1.	The Government's Argument	437
2.	Appellant's Argument	438
3.	Analysis	439

D.	Beaver's Conviction: Obstruction of Justice	450
E.	Beaver's Conviction: Carrying a Pistol Without a License ("CPWL")	453
F.	Cooper's Conviction: Laquanda Johnson Murder Under Pinkerton	454

VIII. Procedural and Evidentiary Issues Related to the Conspiracy And Appellants' Joint Trial 456

A. Cooper's Prior Convictions 456

1.	Error in Admitting Cooper's Convictions Against Tann and Arnette	457
2.	Harmlessness	459
3.	Admission Against Cooper	460

B.	Tann's Severance Argument Unrelated to Cooper's Prior Conviction	461
C.

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