S. Ct. Crim. No. 2009-0034

In trial of consolidated charges including murder, attempted murder, assault, and use of a dangerous weapon in these offenses, claims of error by the trial court in admitting certain prior bad act evidence under Rule 404(b) of the Federal Rules of Evidence became moot when the trial court consolidated the cases involving that conduct. The court's decision not to provide the jury with a written copy of the instructions was within its sound discretion. While the court permitted the People to introduce prejudicial testimony from one victim's sister, and a prejudicial photograph, the error was harmless because there was more than sufficient evidence independent of this material to sustain a conviction of this defendant, beyond a reasonable doubt. The assertion that his Sixth Amendment Right to a Speedy Trial was violated by the 25-month delay in holding the jury trial is rejected: the delay was attributable to numerous factors, including a plethora of pre-trial motions filed by both parties and there was no lengthy period of judicial inactivity in the case. Defendant failed to prove how the delay could have caused prejudice to him, or caused different results in the jury's verdicts. The convictions, and the judgment of the Superior Court, are affirmed.