Lingo v. the State
329 Ga. App. 528
Ga. Ct. App.2014Background
- Lingo was convicted of robbery and related charges in Gwinnett County arising from two January 2012 incidents.
- The State introduced testimony that Lingo was a two-star general in the Black P Stone Nation gang to show identity, not motive.
- The trial court admitted gang-evidence over Lingo’s in limine motion, balancing probative value against prejudice.
- Evidence showed Lingo wore red/black colors and was at the scene; co-defendant Jones shared gang membership.
- The jury acquitted Lingo of armed robbery but found him guilty of robbery; Lingo argued the gang evidence was improperly admitted.
- On appeal, the court reviews evidentiary rulings for abuse of discretion and applies harmless-error analysis.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility under 404(b) and 403 | Lingo (plaintiff) contends gang evidence is inadmissible character evidence. | State contends evidence is admissible for identity under 404(b) and not unduly prejudicial. | Evidence abused; but harmless overall |
| Relevance to motive/identity | Gang affiliation had no linkage to the crimes; not probative of identity or motive. | Gang context could illuminate identity and context for the crimes. | Minimal probative value; not connected to motive; prejudicial |
| Harmless-error analysis | Admitting prejudicial gang evidence could taint outcome. | Other strong corroborating evidence supports guilt; the error is harmless. | Harmless error given strong corroboration and acquittals on key charges |
Key Cases Cited
- Rankin v. State, 278 Ga. 704 (2004) (harmful error analysis retained; standards cited)
- Williams v. State, 328 Ga. App. 876 (2014) (rule on erroneous admissions under OCGA § 24-4-403)
- Jones v. State, 326 Ga. App. 658 (2014) (evidence of prior gang involvement; prejudicial impacts)
- Edouard, 485 F.3d 1324 (11th Cir. 2007) (contextual evidence admissible if linked to the crime; proper scope)
- O’Neal v. State, 288 Ga. 219 (2010) (harmless-error framework and admissibility cautions)
- Wolfe v. State, 273 Ga. 670 (2001) (gang membership relevance to motive in Ga. law)