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Alatise v. State

The trial court did not abuse its discretion in denying the defendant's mistrial motion after the jurors watched a portion of his videotaped statement that they were not supposed to view, as the trial court gave a curative instruction and all jurors clearly indicated that they could and would follow such instruction.

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Following a jury trial, Tunde Alatise appeals his conviction for the felony murder and aggravated assault of Aurelio German Mendoza-Garcia,1 contending that the trial court made a number of evidentiary errors. For the reasons set forth below, we affirm.

1. Viewed in the light most favorable to the verdict, the record shows that, at around 9:30 p.m. on the evening of July 8, 2006, Guadalupe Diaz noticed two black men walk behind the blue Mustang in which Mendoza‑Garcia was sitting at the Bristol Court Apartments. Diaz went inside, but returned five minutes later when she heard a loud noise. She found the Mendoza-Garcia in a breezeway, bleeding profusely from a gunshot wound. Just before dying, Mendoza‑Garcia stated that he had been shot by a black man. On the same night, police were also called to investigate the hijacking of a red Acura Integra by two black males in Kendall Creek Apartments, approximately an hour and a half after Mendoza‑Garcia’s shooting. Subsequently, Leausha Nicholson was found driving the stolen car, and, after talking to her, police became interested in her brother, Javon. When interviewed, Javon implicated Alatise in the shooting of Mendoza‑Garcia and the subsequent theft of the red Integra. Detectives thereafter obtained and served an arrest warrant on Alatise. On direct examination at trial, Javon testified that he and Alatise intended to rob Mendoza‑Garcia. Alatise approached Mendoza‑Garcia, a struggle ensued, and Alatise shot the victim.2 Javon also testified that he and Alatise later stole the red Acura Integra. Alatise’s fingerprint was found inside this stolen car. In addition, similar transaction evidence of ten other armed robberies and/or car jackings were admitted into evidence, eight of which Alatise confessed to committing after being arrested.

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