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A judge has rejected Eric R. Holder, Jr.'s appeal of his conviction nearly two years after he went to trial for murdering Nipsey Hussle.
On Tuesday, November 5, a three-justice panel from California’s 2nd District Court of Appeal issued a decision that upholds Judge H. Clay Jacke II's previous ruling. The defense originally objected to Judge Jacke's decision to sustain a portion of the prosecution's closing argument that spoke to what Holder was feeling and thinking right before the shooting. The decision on the matter means that 33-year-old will remain in jail to serve out his 60-year sentence.
"In short, nothing in the trial court’s rulings prevented appellant from arguing objective and subjective provocation to the jury, or from clearly articulating the defense theory that 'appellant acted in the heat of passion as a result of being publicly called a snitch' by 'the famous, the great Nipsey Hussle," Judge Jacke wrote. The trial court did not abuse its discretion in prohibiting defense counsel from telling the jury what appellant was thinking and feeling at the time of the shooting to explain appellant’s conduct," he continued.
Holder was found guilty of first-degree murder after he shot and killed Hussle in front of his clothing store in 2019. He was also convicted of two counts of attempted voluntary manslaughter and assault with a firearm for firing stray shots at Kerry Lathan and Shermi Villanueva, who were next to Nipsey when Holder shot him. Holder was found not guilty of premeditated attempted murder. The trial last for eight days but was delayed for one day after Holder was reportedly attacked in jail.
A few months later, Holder was sentenced to 60 years in prison. The ruling came after a judge previously denied Holder's request to reduce his conviction from first-degree murder to second-degree or manslaughter.