United States v. Martinez, No. 22-1167 (10th Cir. 2023)
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In this case, Domingo Martinez Jr. was convicted of possession with intent to distribute and distribution of 50 grams or more of methamphetamine. On appeal, he challenged the admission of a narcotics detective’s testimony about Santa Muerte shrines, claiming the testimony violated his First Amendment rights. He also objected to the district court’s instruction to the jury to disregard a robocall inadvertently played during the trial, rather than declaring a mistrial.
The United States Court of Appeals for the Tenth Circuit affirmed the conviction. The court found no error in the admission of the detective's testimony relating to Santa Muerte, noting it was based solely on the detective's law enforcement experience, not personal self-study. Moreover, the testimony was relevant to the issue raised by Mr. Martinez's entrapment defense, whether he was predisposed to drug trafficking. The court also found no error in the district court's treatment of the robocall interruption. The district court had instructed the jury to disregard the interruption twice and recessed the trial briefly to ensure it would not happen again. The court of appeals found no indication that the jury had time to process the robocall or that it affected the outcome of the trial.
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