Lincoln Lamar Caldwell v. State of Minnesota

886 N.W.2d 491, 2016 Minn. LEXIS 665, 2016 WL 6127738
CourtSupreme Court of Minnesota
DecidedOctober 19, 2016
DocketA15-1587
StatusPublished
Cited by4 cases

This text of 886 N.W.2d 491 (Lincoln Lamar Caldwell v. State of Minnesota) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lincoln Lamar Caldwell v. State of Minnesota, 886 N.W.2d 491, 2016 Minn. LEXIS 665, 2016 WL 6127738 (Mich. 2016).

Opinion

OPINION

HUDSON, Justice.'

In 2008, appellant Lincoln Lamar Caldwell was convicted of first-degree murder for the benefit of a gang on an accomplice-liability' theory. We affirmed Caldwell’s conviction and the denial of his first two postconviction petitions in August 2011. See State v. Caldwell (Caldwell I), 803 N.W.2d 373 (Minn.2011). Caldwell subsequently filed a third postconviction petition in May 2012, in which he alleged that three witnesses presented false testimony at his trial. The postconviction court summarily denied Caldwell’s petition. Caldwell appealed to our court, arguing that the post-conviction court abused its discretion when it did not grant him an evidentiary hearing. We reversed the postconviction *494 court’s decision and remanded the case for an evidentiary hearing on the witness-recantation claim. See Caldwell v. State (Caldwell II), 853 N.W.2d 766 (Minn.2014).

Following an evidentiary hearing, the postconviction court denied Caldwell’s third postconviction petition. Caldwell appeals, arguing that the State and the post-conviction court intentionally misstated the law and intimidated Shawntis Turnage, a recanting witness, when they apprised Turnage of his Fifth Amendment rights. Caldwell also alleges that the postconviction court erred when it struck the testimony Turnage gave before invoking his Fifth Amendment privilege. For the reasons that follow, we affirm the denial of Caldwell’s third postconviction petition.

I.

In June 2006, 18-year-old Brian Cole died from injuries he sustained during a drive-by shooting near the corner of Eighth Avenue and Penn Avenue in North Minneapolis. Cole was the unintended victim of a gunshot fired through the open window of an SUV. After conducting an investigation, police officers determined that Cole was standing near members of the One-Nine gang when he was shot. Although Cole was not a member of a gang, the One-Nine gang was engaged in an ongoing rivalry with the LL gang at the time. Witnesses identified Caldwell, who was a member of the LL gang, as the driver of the SUV from which the gunshot originated. Witnesses identified the shooter as another member of the LL gang. Relying on this and other evidence, the State prosecuted Caldwell and the shooter for Cole’s murder. Caldwell I, 803 N.W.2d at 381.

At Caldwell’s trial, the State’s witnesses included Carnell Harrison, William Brooks, and Shawntis Turnage. Harrison and Brooks were both passengers in the SUV when Cole was shot, and they testified about Caldwell’s role in the shooting. Turnage, who was a friend of Caldwell, was not present during the shooting but testified that Caldwell spoke to him about the shooting at a friend’s house shortly afterward. According to Turnage, Caldwell had “got down with the One-Nine[s],” which Turnage understood to mean “fighting or shooting or [a] brawl or something.” Turnage testified that Caldwell told him that “Ill Will,” one of the leaders of the One-Nine gang, was the “intended target.” Caldwell revealed to Turnage that the gun used was a grey and black 9mm Smith and Wesson semiautomatic handgun. Based on Caldwell’s description, Turnage recognized the gun as one that he had seen in Caldwell’s possession on several occasions.

Following the trial, the jury found Caldwell guilty of all six counts of murder that were charged in the indictment. In June 2008, the district court convicted him of first-degree murder for the benefit of a gang—the most serious offense—and sentenced him to life in prison without the possibility of release.

Caldwell filed a direct appeal of his conviction in September 2008. We stayed his direct appeal while Caldwell filed two petitions for postconviction relief. The post-conviction court denied both of Caldwell’s postconviction petitions, and Caldwell appealed. We consolidated Caldwell’s three appeals. In August 2011, we affirmed Caldwell’s conviction and the denial of both petitions for postconviction relief. See Caldwell I, 803 N.W.2d at 377.

In May 2012, Caldwell filed his third petition for postconviction relief, in which he alleged that Harrison, Brooks, and Turnage presented false testimony at his trial. In support of his petition, Caldwell submitted a statement from each of the three witnesses, along with a signed and nota *495 rized affidavit from the investigator who interviewed each witness. In the affidavit, the investigator confirmed that each witness’s statement was an accurate transcription of his recorded interview with the witness. In October 2012, the postconviction court denied Caldwell’s petition without holding an evidentiary hearing. The postconviction court was not reasonably well satisfied that the trial testimony of Brooks and Harris was false, nor was it reasonably well satisfied that Turnage’s testimony, even if it were false, might have affected the jury’s verdict.

Caldwell appealed the denial of his third postconviction petition and argued that the postconviction court abused its discretion when it denied his petition without holding an evidentiary hearing. Caldwell II, 853 N.W.2d at 768. On appeal, we determined that the postconviction court erred when it summarily denied Caldwell’s petition. Id. We concluded that Caldwell alleged facts that, if proven, would'entitle him to relief. Id. Therefore, we remanded the case to the postconviction court for an evidentiary hearing to determine the credibility of the recantations. Id. at 778.

In December 2014, the postconviction court held the evidentiary hearing. . The postconviction court first determined that it would not admit any witness’s recorded statement unless the witness testified. Thereafter, Turnage took the stand. After Tumage was sworn in, the postconviction court gave the following warning:

Before you begin there is—there are allegations—or part of the Petition is that people are recanting their testimony, that they are going to testify differently from what they did at trial. I don’t know if that’s true or not for you, but because that is the allegation I wanna make sure you understand that you— you do have certain rights.
Even as a witness you have the- right to remain silent if what you say might incriminate yourself. And specifically, the State has mentioned perjury. ■ Don’t know if they could charge you or not, or that should dissuade you or not, but if you give two inconsistent statements under oath that are materially different that is perjury. And, the State does not have to prove- which one was true or false, just that there are two different statements. Just so you know that that is the law on perjury.
But, I am just stating that so you know what your rights are. So if you give an inconsistent statement you might be incriminating yourself. I don’t know what your testimony is gonna be today, but I wanna make sure you understand your rights in that regard.

The court subsequently asked Turnage if he understood his rights, and Tumage replied that he did. The court proceeded to ask Turnage whether he needed time to talk to an attorney or if he could testify that day. Turnage in return inquired whether talking to an attorney “would ...

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Related

State v. Waiters
929 N.W.2d 895 (Supreme Court of Minnesota, 2019)
Reed v. State
925 N.W.2d 11 (Supreme Court of Minnesota, 2019)
Caldwell v. Miles
D. Minnesota, 2019
Tenner v. State
763 S.W.2d 877 (Court of Appeals of Texas, 1988)

Cite This Page — Counsel Stack

Bluebook (online)
886 N.W.2d 491, 2016 Minn. LEXIS 665, 2016 WL 6127738, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lincoln-lamar-caldwell-v-state-of-minnesota-minn-2016.