People v. Williams
2012 WL 4829492
Colo. Ct. App.2012Background
- Defendant Tyrone Williams appeals a jury verdict finding him guilty of felony murder and three counts of aggravated robbery stemming from a tattoo shop robbery where the victim J.T. was killed by gunfire.
- Two robbers with masks entered the shop, ordered occupants to the floor, and searched for drugs and money; J.T. was shot after an exchange with one robber.
- Darden orchestrated the robbery; Williams and O'Bannon participated with masks and weapons; Rideaux confirmed drugs were present.
- S.H. (S.A.) testified Williams confessed involvement and that J.T. was shot; Williams’ friend TM testified Williams issued a threat—leading to a mistrial dispute.
- H.W. identified Williams during a traffic stop in Oregon; the stop yielded information tying Williams to the case; Williams provided false identities during the stop.
- Conviction entered on felony murder and three aggravated-robbery counts; Williams challenges mistrial denial, Rule 16/404(b) discovery issues, and sufficiency of the aggravated-robbery evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Mistrial denial based on TM testimony and disclosure | Williams contends discovery Rule 16/404(b) violation | State argues no prejudice; denial proper | No abuse of discretion; mistrial not required |
| Fruit of the poisonous tree and H.W. testimony | Evidence derived from unlawful seizure should be excluded | Seizure lawful; fruit of the poisonous tree inapplicable | Suppression proper grounds rejected; H.W. testimony admissible |
| Sufficiency of evidence for aggravated robbery—N.C. vs A.T. | N.C. had no control over stolen money; cannot be victim under presence | A.T. co-owner had control; N.C. not in presence | N.C.’s conviction for aggravated robbery reversed; A.T.’s remains affirmed |
Key Cases Cited
- People v. Tillery, 231 P.3d 36 (Colo.App. 2009) (mistrial standard and prejudice review by appellate court)
- People v. Simon, 266 P.3d 1099 (Colo. 2011) (affirmation of mistrial standards on appeal)
- Bloom v. People, 185 P.3d 797 (Colo.2008) (discretion in mistrial rulings; prejudice considerations)
- People v. Chastain, 733 P.2d 1206 (Colo.1987) (mistrial discretion; factual prejudice standard)
- People v. Abbott, 690 P.2d 1263 (Colo.1984) (404(b) prejudice not per se; cumulative evidence principle)
- People v. Cousins, 181 P.3d 365 (Colo.App.2007) (single reference to prior acts not per se prejudicial)
- People v. Ibarra, 849 P.2d 33 (Colo.1993) (jury presumed to follow court’s limiting instructions)
- People v. Aarness, 150 P.3d 1271 (Colo.2006) (fruit-of-poisonous-tree discretion allows affirmance on different grounds)
- Hiibel v. Sixth Judicial Dist. Court, 542 U.S. 177 (2004) (identification requests allowed without reasonable suspicion)
- Florida v. Bostick, 501 U.S. 429 (1991) (police may request identification without suspicion in certain contexts)
- INS v. Delgado, 466 U.S. 210 (1984) (interrogation about identity not a seizure by itself)
- People v. Castaneda, 249 P.3d 1119 (Colo.2011) (standard for probable cause in traffic-stop contexts)
- People v. Borghesi, 66 P.3d 93 (Colo.2003) (presence/control analysis for aggravated robbery liability)
- People v. Fox, 928 P.2d 820 (Colo.App.1996) (presence/control concept applied to robbery conviction)