Campos-Alvarez v. United States, 16 A.3d 954

Background

Campos-Alvarez and Marta Campos were tried together for gang-related shootings; Elmer was convicted of AWIKWA, AAWA, three ADWs, and related weapons offenses; Marta was convicted of obstruction of justice and conspiracy to obstruct justice.
The August 5, 2002 shooting outside an NW Washington, D.C. apartment left Kenny Loza, Noel Loza, and Javier Morales wounded; Campos-Alvarez was identified as one shooter by Kenny Loza.
The motive evidence showed a feud between Mara R (Campos-Alvarez's gang) and Vatos Locos (Loza/Morales’ gang), contextualizing the attacks within gang rivalry.
Repayment/obstruction attempt: Campos-Alvarez allegedly sought to pay Kenny Loza to not testify; Marta Campos aided by contacting Loza and soliciting bribes.
Campos-Alvarez challenged admissibility of gang evidence, certificates of no record, and argued PFCV merger; Marta challenged hearsay and sufficiency of obstruction/conspiracy evidence.
DC Court of Appeals reversed two CPWL/UF convictions due to improper admission of no-record certificates; otherwise affirmed most convictions and remanded for merger-related vacatur.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Admissibility of gang-related evidence	Campos-Alvarez argues gang evidence is inflammatory and unnecessary.	State contends gang context is probative to motive and course of the crime.	Admission not an abuse of discretion; probative and not substantially prejudicial.
Certificates of no record without live testimony	Admission violated Confrontation Clause; testimony required.	Government concedes error; the certificates were testimonial and improperly admitted.	Reversed CPWL and UF convictions; error not harmless beyond reasonable doubt.
Merger of PFCV convictions	All PFCV counts for multiple victims should merge with single predicate acts.	Counts may remain distinct where acts against separate victims constitute separate offenses.	AWIKWA/AAWA convictions merge; Bryant ADW merges; other two ADWs do not merge; three PFCV convictions on Kenny, Noel, and Javier remain.
Sufficiency of evidence for obstruction and conspiracy	Evidence shows intent to deter Loza from testifying via bribery; sufficient to prove obstruction/conspiracy.	No direct evidence of intent; relies on conjecture about Campos’s beliefs.	Insufficient only if no reasonable inference supports intent; evidence supported obstruction and conspiracy beyond a reasonable doubt.
Admission of hearsay related to obstruction/conspiracy	Hearsay statements corroborate conspiratorial plan to influence testimony.	Hearsay error; statements were improperly admitted.	Harmless error; cumulative testimony supported the verdict; no substantial impact on verdict.

Key Cases Cited

Plummer v. United States, 813 A.2d 182 (D.C. 2002) (guides standard for balancing probative value and prejudice in evidence rulings)
Mercer v. United States, 724 A.2d 1176 (D.C. 1999) (adapts balancing test for gang-related evidence)
Jenkins v. United States, 980 A.2d 421 (D.C. 2009) (fact-based merger and double jeopardy considerations)
Nixon v. United States, 730 A.2d 145 (D.C. 1999) (merger analysis for multiple PFCV convictions; single-weapon; single act considerations)
West v. United States, 866 A.2d 74 (D.C. 2005) (merger framework for PFCV with single target/act distinctions)
Reyes v. United States, 933 A.2d 785 (D.C. 2007) (harmlessness of evidentiary error when cumulative or overwhelming other evidence exists)
Kotteakos v. United States, 328 U.S. 750 (U.S. Supreme Court, 1946) (standard for review of structural conspiracy and trial conduct)
Moore v. United States, 927 A.2d 1040 (D.C. 2007) (harmless error and evidentiary sufficiency standards)
Frendak v. United States, 408 A.2d 364 (D.C. 1979) (importance of voluntary and knowing waiver in decision-making)
Castillo-Campos v. United States, 987 A.2d 476 (D.C. 2010) (contextual factors for conspiratorial intent and related rulings)