HEADNOTE: Mario Rodriguez Gutierrez v. State of Maryland, No. 98 ...

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need not be “shocking” in order for it to influence the jury. Furthermore, I find that nowhere in the “mountain of other testimony” the majority points to, is it mentioned that the MS-13 gang and its acts are more violent than any other acts or gangs, in the region or in recent years. This statement is unlike any articulated by the officer, or any other witness, and does not “so easily blend in” as the majority suggests. Id. I am not persuaded beyond a reasonable doubt that this statement made by the expert witness had no influence on the jury’s verdict. I dissent. Judge Greene authorizes me to state that he joins in Part B of this opinion. 26
IN THE COURT OF APPEALS OF MARYLAND No. 98 September Term, 2009 MARIO RODRIGUEZ GUTIERREZ, v. STATE OF MARYLAND Bell, C.J. Harrell Battaglia Greene *Murphy Adkins Barbera, JJ. Concurring and Dissenting Opinion by Greene, J. Filed: November 29, 2011 *Murphy, J., participated in the hearing of this case as an active member of this Court, but did not take part in the conference and adoption of the opinion.
Page 1 and 2: HEADNOTE: Mario Rodriguez Gutierrez
Page 3 and 4: In this case we must determine whet
Page 5 and 6: Gutierrez told Alvarado-Pineda to s
Page 7 and 8: Norris was admitted as an expert, w
Page 9 and 10: (3) When a non-gang member uses han
Page 11 and 12: objection to the admission of evide
Page 13 and 14: Lords because the average juror is
Page 15 and 16: was a member of that gang, opened t
Page 17 and 18: State’s theory of the case was th
Page 19 and 20: 18th Street [G]ang.” Id. at 664,
Page 21 and 22: Q. What about [one of the other pas
Page 23 and 24: MS-13 undercurrent heightened the p
Page 25 and 26: in light of the mountain of other t
Page 27 and 28: This case considers the propriety,
Page 29 and 30: ‘[v]iolence . . . [u]p to death.
Page 31 and 32: a half years in this region...,’
Page 33 and 34: may be admissible when it has ‘sp
Page 35 and 36: are consistent with, and indeed, fo
Page 37 and 38: which he did not dispute, the defen
Page 39 and 40: contrary evidence, that the defenda
Page 41 and 42: and the use of a handgun in the com
Page 43 and 44: material contested issue. Thus, thi
Page 45 and 46: the necessary elements of the crime
Page 47 and 48: magic passwords whose mere incantat
Page 49 and 50: that the appellant, because of this
Page 51: (2009). The majority only addresses

HEADNOTE: Mario Rodriguez Gutierrez v. State of Maryland, No. 98 ...

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