OSCAR CRUZ-QUINTANILLA v. STATE OF MARYLAND
Court of Special Appeals, Thieme, May 31, 2016,
Sentencing – Not abuse of discretion to allow state witness to testify at sentencing with regard to defendant’s membership in gang where evidence of criminal or violent conduct of the gang is introduced.

While the USSC in Dawson v. Delaware limited evidence at sentencing regarding membership in a racist organization, they contrasted that with another situation where evidence was presented regarding membership in an organization that “committed any unlawful or violent acts, or had even endorsed such acts.”

From Dawson:

Before the penalty hearing, the prosecution claimed that its expert witness would show that the Aryan Brotherhood is a white racist prison gang that is associated with drugs and violent escape attempts at prisons, and that advocates the murder of fellow inmates. If credible and otherwise admissible evidence to that effect had been presented, we would have a much different case.