Damn..Max B appeal failed

newarkhiphop

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Not going to break down the court pdf as much, because most of it is repeated info but here is the interesting stuff from it

http://www.judiciary.state.nj.us/opinions/a2090-09a3757-09.pdf

Max's Charges

  • Felony Murder of David 40 years with 85% parole ineligibility
  • Robbery of Jay 15 years
  • Robbery of Dominican chick 15 years
  • $50,000 fine


Max Arguments during the appeal

  • The state only provided speculative evidence of his involvement in the crime
  • State denied him of removing juror #4 (this juror had met davids father before)
  • The court did not properly instruct the jury to asses a case when someone is accomplice and not directly involved in a crime
  • The court did not properly separate his cases from Kelvins
  • The 40 years sentence was excessive
  • The minimum for a murder is 30 years and 10 for the other charges , AT MOST that what he should have got
  • The time should not have be served consecutively
  • The state never proved he knew about a weapon or that one was found

States Argument (paraphrased like hell lol)

  • There was no need for separate trials, it was one crime and the juror was instructed to convict them separately
  • The juror was not removed because the contact and nature of it with the victims father did not and would not affect the case
  • Max did not deny the fact he may have been a accomplice he just says that the jury did not get proper instructions on how to treat a accomplice, the state shows that they did, jury had all facts and instructions they needed
  • Max's argument that "he was not there" was countered by something called the Theory of accomplice liability and conspiracy which says
  • "A person is guilty of a offense if it is committed by the conduct of a person for which he is legally accountable. A person is legally accountable for the conduct of another person of another person when he/she is a accomplice in a crime or a conspiracy. A accomplice is a person who acts with the purpose of promoting the commission of a offense, he/she solicits,aids or agrees or even attempts in planning it."


the end.

Not even gonne break down the rest no point really, that last paragraph is the answer pretty muc there the Theory of accomplice liability and conspiracy law NJSA 2C:2-6A


:yeshrug: sucks for max
 

newarkhiphop

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this is like a movie breh... literally everyone in the room that night was trying to or had stolen from someone lol

yea it is, something i didnt put in all this was the Dominicans involvement

Jay and David met those two girls through some Dominican dudes who owned a car dealer/rim shop and also allegedly laundered money for them. The plot was that the two girls where going to wait til dudes fell alseep and take there two cars SL benz and BMW 750
 

diggy

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Not going to break down the court pdf as much, because most of it is repeated info but here is the interesting stuff from it

http://www.judiciary.state.nj.us/opinions/a2090-09a3757-09.pdf

Max's Charges

  • Felony Murder of David 40 years with 85% parole ineligibility
  • Robbery of Jay 15 years
  • Robbery of Dominican chick 15 years
  • $50,000 fine


Max Arguments during the appeal

  • The state only provided speculative evidence of his involvement in the crime
  • State denied him of removing juror #4 (this juror had met davids father before)
  • The court did not properly instruct the jury to asses a case when someone is accomplice and not directly involved in a crime
  • The court did not properly separate his cases from Kelvins
  • The 40 years sentence was excessive
  • The minimum for a murder is 30 years and 10 for the other charges , AT MOST that what he should have got
  • The time should not have be served consecutively
  • The state never proved he knew about a weapon or that one was found

States Argument (paraphrased like hell lol)

  • There was no need for separate trials, it was one crime and the juror was instructed to convict them separately
  • The juror was not removed because the contact and nature of it with the victims father did not and would not affect the case
  • Max did not deny the fact he may have been a accomplice he just says that the jury did not get proper instructions on how to treat a accomplice, the state shows that they did, jury had all facts and instructions they needed
  • Max's argument that "he was not there" was countered by something called the Theory of accomplice liability and conspiracy which says
  • "A person is guilty of a offense if it is committed by the conduct of a person for which he is legally accountable. A person is legally accountable for the conduct of another person of another person when he/she is a accomplice in a crime or a conspiracy. A accomplice is a person who acts with the purpose of promoting the commission of a offense, he/she solicits,aids or agrees or even attempts in planning it."


the end.

Not even gonne break down the rest no point really, that last paragraph is the answer pretty muc there the Theory of accomplice liability and conspiracy law NJSA 2C:2-6A


:yeshrug: sucks for max


basically..charles manson was never found guilty of killing anyone himself either and look where he is...masterminding is accountability
 

newarkhiphop

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basically..charles manson was never found guilty of killing anyone himself either and look where he is...masterminding is accountability

:huhldup: wouldnt go that far , Manson was running a cult and his influence on those crimes was much greater than Max's ever was but what i think fuked max over morn than anything was his relation to all these ppl

Gina his gf
Kelvin his half brother
Most of the stolen stuff was found in Murda Mikes aparment , Murda mike is his blood brother

All that combined with a weak lawyer, the fact he had just come off a 8 year robbery bid , him not wanting to snitch on his bro, his lawyer and him doing WSHH vids etc etc
 

diggy

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:huhldup: wouldnt go that far , Manson was running a cult and his influence on those crimes was much greater than Max's ever was but what i think fuked max over morn than anything was his relation to all these ppl

Gina his gf
Kelvin his half brother
Most of the stolen stuff was found in Murda Mikes aparment , Murda mike is his blood brother

All that combined with a weak lawyer, the fact he had just come off a 8 year robbery bid , him not wanting to snitch on his bro, his lawyer and him doing WSHH vids etc etc

wasnt saying max was manson, lol just an example
 

zerozero

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I think the fact that Max had just come out was the worst part.. that made them make the sentences one after the other rather than served together
 

Rominati

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My main concern is how come. French or one of Max himself couldnt afford a legit fukkin lawyer :damn:



Snoop got off on a murder rap his damn self.
 

Loud Still Coolin

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I won't believe it : ( . As a Stan of the wave max got 2 million dollars bail posted in equity ain't no way he had a public defender in a appellate case. Max b buzz behind bars >>>>>>>> ya favorite rappers but let me jus stop it. :( free the wave. 2007 was a bad year. Already tired of French music also. fukk new jersey pd
 

SoulController

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wasnt the robbery some lame ass amount too, like 20k?

between that and the legal defense he chose, its safe to say ol boy was broke. mixtapes dont get everyone rich :ufdup:
 

YBE

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R.I.P Max B

Yea Max aint seeing daylight for now , props to the two ppl who posted these two documents

Cooleh

http://www.judiciary.state.nj.us/opinions/a2090-09a3757-09.pdf

Here is the break down from coolmag link :

  • Max had just come off a 8 year ROBBERY bid , four years prior to this
  • Max met and had Gina move in with him a month after they met ( she was married )
  • Gina was a stripper at Sin City in the Bronx
  • Max and Gina broke up 6 months later, only to get back together months later
  • Max kicks her out his apartment ( a month before the murder)
  • Jay and David two scammers come up to NY
  • Jay fukks and starts simping over Gina

Day of the robbery Sept 21 2006:

  • Jay takes Gina on a shopping trip in NJ, them to a telly in Fort Lee,NJ
  • Jay gives Gina the keycard to the room
  • Gina meets up with Max and tells him that dude would be out the room most of the night
  • Max allegedly makes the comment "Lets get him for his guap"
  • Max tells Gina to go with his stepbrother Kelvin to the hotel room
  • Gina and Kelivn get to the room but the keycard isnt working , gina calls jay
  • A dominican girl opens the door,Kelvin strong arms his way in. Jay is asleep
  • Gina packs things into Louie V bag, Kelvin tells her to wake up jay
  • Jay is duct taped and denies having any money, says David had it
  • Jay is made to call David , who is in another room/floor, he is 6'4 280lbs
  • David struggles with Kelvin , ends up shot in the face
  • They take money and jewelry from the dead mans body


After the robbery
  • Gina takes some of the stolen things and meets another man in NJ
  • Gina takes the rest of the things to another guy "murda mike"
  • Max never received any cash or goods from the robbery
  • Police show up at Max house looking for Gina
  • According to police Max was very HELPFUL, even giving them his cellphone # and calling them on a couple of occasions
  • Gina gets arrested Sept 28 1230am, starts confession at 1am
  • Max gets arrested 6am
  • Max sells his publishing to Jim Jones for $90k bail money


The Trial

  • Max and Kelvin are tried together Max lawyer Gerlad Saluti
  • Kelivin lawyer Jennifer Bonjean
  • Saluti argues max was never at the crime scene
  • Bonjean argues Kelvin was not at the robbery, no evidence was found against him
  • Bonjean also points him that Jay could not pick kelvin from a photo line up twice
  • During the trial Jay does point out kelvin as the shooter
  • Police use false testimony and phone records wrongly
  • Lawyer point out Gina was drunk and hight nigh of the robbery
  • Gina admits to being on X pills and henny the night of the crime
  • Gina says that she signed plea admitting to the crime BUT that Max did it
  • Dominican girl admits that Kelvin killed david
  • Dominican girl also admit she was there on her own plot to rob the dudes
  • Neither Max or Kelvin took the witness stand during the trial

What he did was wrong, I still dont see how that's worth 75 years.
 

Wallychamp

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Cooleh

Never knew Gina Conway was a groupie he met backstage and basically wifed up after month of knowing each other.... He packed her up and moved her up to NY to live with him after a month meeting
 
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