People v. Banks
2012 COA 157
Colo. Ct. App.2012Background
- Defendant Tenarro Banks, age 15, attended a party tied to the Tre Tre Crips gang and confronted a 16-year-old victim over rival Bloods colors.
- After outside the party, Banks shot and killed the victim.
- Banks was charged as an adult with first-degree murder after deliberation.
- The first trial ended in a mistrial; a second trial in 2007 resulted in a conviction and a life sentence without parole.
- Banks appeals on eight asserted errors, including evidence, confrontation rights, juror issues, and sentencing, seeking relief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Mistrial denial for Fifth Amendment questioning | Banks argues the prosecutor’s questioning of Strickland about invoking the Fifth Amendment was improper | Banks contends the inquiry risked prejudice by eliciting privilege claims before the jury | No abuse of discretion; no prejudice shown; limited questioning allowed |
| Admissibility of recorded statements | Prosecution argues the five recorded statements were admissible as inconsistencies/consistents with proper foundations | Banks argues the statements were inadmissible hearsay and prejudicial | Trial court did not abuse discretion; statements admissible with proper foundations and context under CRE 801/16-10-201 |
| Confrontation Clause violation | Seven witnesses were available; Pettigrew unavailable and read-in testimony raises Confrontation concerns | Admission of Pettigrew’s recorded statement violated confrontation rights | Confrontation rights satisfied; Pettigrew unavailable but cross-examined at prior trial; other statements admitted not violative |
| Polygraph testimony | Polygraph mention relevant to credibility and motivation; no results admitted | Polygraph evidence is per se inadmissible | Reference deemed relevant and not unduly prejudicial; not reversible error |
| Sentencing after Miller v. Alabama | Statutes mandate life without parole for juvenile offenders | Miller requires reexamination; no-parole provision unconstitutional as applied to defendant | Miller applies; no-parole provisions unconstitutional as applied; remand for resentencing to include parole after forty years |
Key Cases Cited
- Crawford v. Washington, 541 U.S. 36 (U.S. 2004) ( confrontation clause re: testimonial statements)
- Miller v. Alabama, 132 S. Ct. 2455 (U.S. 2012) (juvenile life without parole ban under Eighth Amendment)
- Ohio v. Roberts, 448 U.S. 56 (U.S. 1980) (reliability standard for hearsay exceptions; unavailability)
- People v. Smith, 275 P.3d 715 (Colo.App.2011) (restrictions on confrontation/credibility issues under Colorado rule)
- Montoya v. People, 740 P.2d 992 (Colo.1987) (prior inconsistent statements admissibility)