sovereign hill cafe menu; advantages and disadvantages of tourism in tunisia; mississippi public service commission district map The court, in two opinions examining in detail the evidence in the case, concluded that "no reasonable probability exists that the results of the trial would have been different had the government produced the documents at issue before trial." U.S. After these arrangements had been implemented, the district court denied the defendants' motion, concluding that " [t]he transportation arrangements which the court discussed with counsel have resulted in no further expressions of apprehension by the jurors to the deputy clerk. Any claim of prejudice is further undermined by the volume of incriminating evidence presented by the government during the remainder of the trial and by the district court's instruction "to decide the case on the basis only of the evidence and not extrinsic information, an instruction the jury is presumed to have followed." Nor, significantly, have they alleged that the evidence was insufficient to support the verdicts. It is evident that the information that was not disclosed fell within the Brady rule, and should have been disclosed by the government. ''This is a crushing blow to the JBM leadership but our work is not done,'' said James Clark, first deputy Philadelphia police commissioner. The court declined the government's request to question Juror No. denied, 488 U.S. 910, 109 S.Ct. In granting the motion, the district court stated that " [i]n light of the news media coverage of persons and events purportedly associated with the so-called 'Junior Black Mafia,' the court finds that sufficient potential for juror apprehension for their own safety exists to justify use of an anonymous jury to ease such tensions." bryan moochie'' thornton; town of tonawanda mugshots; yarmouth obituaries 2022; lamar educating east end where are they now; galesburg silver streaks basketball; bonds funeral home obituaries; amarilis osorio moran; bellevue wa death records; karrakatta funeral notices; kennings for tree; rockyview hospital visitor policy; there is an . App. Sec. In considering a district court's ruling on a motion for a new trial based on the failure to disclose Brady materials, "we will conduct a de novo review of the district court's conclusions of law as well as a 'clearly erroneous' review of any findings of fact where appropriate." bryan moochie'' thornton. " Pennsylvania v. Ritchie, 480 U.S. 39, 57, 107 S.Ct. App. Before: SLOVITER, Chief Judge, NYGAARD and WEIS, Circuit Judges. at 743. United States v. Burns, 668 F.2d 855, 858 (5th Cir.1982); see also United States v. Davis, 960 F.2d 820, 824 (9th Cir. 0000001589 00000 n App. at 93. Since in this case both parties have briefed the new trial issues on the merits and the government has not claimed prejudice, we conclude that we have jurisdiction over defendants' appeals from the district court's denial of their new trial motions. at 50-55. 1 F.3d 149, Docket Number: More recently, in United States v. Joseph, 996 F.2d 36 (3d Cir.1993), we defined constructive possession to mean that "although a prosecutor has no actual knowledge, he should nevertheless have known that the material at issue was in existence." Alabama Highway Patrol. Thus, the court concluded that there was no reasonable probability that the outcome of the trial would have been different had the DEA payments been disclosed. Christopher G. Furlong (argued), Springfield, PA, for appellant Bryan Thornton. Michael Baylson, U.S. Theater of popular music. See also Zafiro, --- U.S. at ----, 113 S. Ct. at 937 ("There is a preference in the federal system for joint trials of defendants who are indicted together."). Phone (208) 381-6500 Fax (208) 381-6505 About Thornton E. Bryan III Biography Thornton E. Bryan III, MD practices the full spectrum of family medicine, and especially enjoys working with our senior patients. ), cert. 3 and declining to remove Juror No. In denying defendant Thornton's motion for a new trial, the district court found: Sutton did not provide any testimony, on either direct or cross examination, about Thornton. 130 0 obj The defendants have not challenged the propriety of their sentences or fines. 0000014797 00000 n Between 1956 and 1960, Corcoran played several different (but similar) characters, each bearing the nickname "Moochie". v i l l a n o v a . Precedential, Citations: United States., 1 F.3d 149 Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information. 929 F.2d at 970. The government also asserted that members of the JBM had intimidated witnesses on four prior occasions. That is sufficient for joining these defendants in a single trial. See United States v. Cameron, 464 F.2d 333, 335 (3d Cir. 3 and declined to remove Juror No. He appeared in numerous Disney projects between 1957 and 1963, frequently as an irrepressible character with the nickname Moochie. at 742. 124 0 obj 12 for scowling. In this context, the district court's discretion concerning whether a colloquy should be held is especially broad. In granting the motion, the district court stated that "[i]n light of the news media coverage of persons and events purportedly associated with the so-called 'Junior Black Mafia,' the court finds that sufficient potential for juror apprehension for their own safety exists to justify use of an anonymous jury to ease such tensions." There is no indication that the prosecutors made any follow-up inquiry. 1194, 10 L.Ed.2d 215 (1963), and its progeny, including information concerning arrangements with or benefits given to government witnesses. Moreover, any possible inference of defendants' guilt arising from the use of an anonymous jury was dispelled by the district court's careful instructions to the jurors that keeping their identity confidential had no bearing on the evidence or arguments in the case. See Grooms v. Wainwright, 610 F.2d 344, 347 (5th Cir.) Jamison did not implicate Thornton in any specific criminal conduct. This site is protected by reCAPTCHA and the Google. t8x.``QbdU20 H H at 39. at 92 (record citations omitted). Jones eventually avenged Bucky's murder by ordering the execution of Bruce Kennedy, another JBM member who was the cousin of Bucky's suspected killer, fellow JBM boss Bryan "Moochie" Thornton, a co-defendant on Jones' federal case. Defendants do not claim that the empaneling of an anonymous jury limited their ability to conduct voir dire. The defendants do not dispute that the district court applied the correct legal principles in ruling on their new trial motions. Since in this case both parties have briefed the new trial issues on the merits and the government has not claimed prejudice, we conclude that we have jurisdiction over defendants' appeals from the district court's denial of their new trial motions. denied, --- U.S. ----, 112 S.Ct. App. denied, --- U.S. ----, 113 S. Ct. 664, 121 L. Ed. I'm inclined to follow [the Marshal's] advice and not make a big deal out of it. 3 at that time, but when the trial resumed three days later following a weekend recess, the court held a hearing on the matter. denied, 488 U.S. 910, 109 S. Ct. 263, 102 L. Ed. 91-00570-05). Hill, 976 F.2d at 139. 0000003989 00000 n hb```b``d`a`` @1V xr+(t*\./{8wnK^ RB@P8f/ -r`IFu+M;3+d,0?a2d!ATKf`zH200 endobj You already receive all suggested Justia Opinion Summary Newsletters. On appeal, Thornton, Jones, and Fields argue that the following errors require a reversal of their convictions and a new trial: (1) they were misjoined under Fed. For the foregoing reasons, we will affirm the judgments of conviction and sentence. About Press Copyright Contact us Creators Advertise Developers Terms Privacy Policy & Safety How YouTube works Test new features Press Copyright Contact us Creators . United States v. Gilsenan, 949 F.2d 90, 96 (3d Cir.1991), cert. denied, 445 U.S. 953, 100 S.Ct. Thus, he has waived the right to present that issue on appeal, The defendants cite for support United States v. McAnderson, 914 F.2d 934 (7th Cir.1990), and United States v. Watchmaker, 761 F.2d 1459 (11th Cir.1985), cert. 3582(c)(2). United States v. Chiantese, 582 F.2d 974, 980 (5th Cir. Three other courts of appeals have rejected this position, concluding that the first notice of appeal is sufficient where the parties fully brief the issues raised by the motion and the government does not make a showing of prejudice. why should every switch have a motd banner?arizona wildcats softball roster. My judgment at this moment is that it [a colloquy] is not [necessary and] that the apprehensions are normal, given the evidence. [F]or the moment I'll defer to the judgment of the Marshal who's an expert in the area and let him make the arrangements he recommends. . endobj 0000002258 00000 n A 44-year-old Carson City man was arrested Thursday evening on counts of burglary, gun possession, and car theft. Defendants also contend that the cumulative effect of four evidentiary errors resulted in an unfair trial requiring reversal. We disagree. The district court also found that "Thornton was convicted on the basis of the strength of government witnesses Rodney Carson, Earl Stewart, and William Mead" and on the basis of "a large number of drug-related and JBM-related tape recorded conversations which demonstrated Thornton's role in the JBM." hippie fest 2022 michigan; family picture poses for 5 adults; unforgettable who killed rachel; pacific northwest college of art notable alumni; adler sense of belonging family constellation; 1978), cert. As we have explained, "[a] trial judge is usually well-aware of the ambience surrounding a criminal trial and the potential for juror apprehensions." Frankly, I think Juror No. 0000002002 00000 n Attys., Philadelphia, PA, Joseph C. Wyderko (argued), U.S. Dept. Sec. We have previously expressed a preference for individual juror colloquies "[w]here there is a significant possibility that a juror has been exposed to prejudicial extra-record information." Dowling, 814 F.2d at 137 (emphasis added). 853 (1988). Shortly thereafter, it provided this information to defense counsel. Posted in satellite dish parts near me. 127 0 obj 922(g)(1) (1988). 2030, 60 L.Ed.2d 395 (1979). Before: SLOVITER, Chief Judge, NYGAARD and WEIS, Circuit Judges. 1985) (citation omitted), cert. See United States v. Cameron, 464 F.2d 333, 335 (3d Cir.1972) (trial judge has "sound discretion" to remove juror). The district court ordered the trial of these three defendants to be severed from the remaining defendants, and then denied motions by Thornton and Jones for separate trials. Law enforcement took swift action, and a special task force was formed to take down JBM. The Rule states in relevant part: "A motion for a new trial based on the ground of newly discovered evidence may be made only before or within two years after final judgment, but if an appeal is pending the court may grant the motion only on remand of the case." denied, 475 U.S. 1046, 106 S.Ct. United States Immigration and Customs Enforcement. 126 0 obj Rather, they contend that the cumulative effect was sufficiently prejudicial to require a new trial. App. Where the district court applies the correct legal standard, its "weighing of the evidence merits deference from the Court of Appeals, especially given the difficulty inherent in measuring the effect of a non-disclosure on the course of a lengthy trial covering many witnesses and exhibits." 12 during the trial; (4) the court improperly declined to conduct a voir dire of the jury after some jurors expressed feelings of apprehensiveness to the deputy clerk; (5) they were denied a fair trial as a result of four evidentiary errors; and (6) the district court abused its discretion in denying motions by Thornton and Jones for a new trial. The U.S. District Court jury convicted and sentenced the three reputed leaders of the JBM, specifying they relinquish more than $12 million in drug profits. Now, law enforcement agents hope they aren't replaced. We review the district court's ruling for abuse of discretion and must be "particularly deferential" to the district court's "substantial discretion" to empanel an anonymous jury. The district court weighed these opposing interests and concluded that voir dire would make the problem worse. <>/Border[0 0 0]/Contents(Opinions of the United States Court of Appeals for the Third Circuit)/Rect[431.606 623.5547 540.0 636.4453]/StructParent 4/Subtype/Link/Type/Annot>> R. Crim. In considering a district court's ruling on a motion for a new trial based on the failure to disclose Brady materials, "we will conduct a de novo review of the district court's conclusions of law as well as a 'clearly erroneous' review of any findings of fact where appropriate." %PDF-1.7 % <>stream e d u / t h i r d c i r c u i t _ 2 0 2 2 / 5 9 1)/Rect[72.0 142.9906 354.085 154.7094]/StructParent 8/Subtype/Link/Type/Annot>> We will address each of these allegations seriatim. at 49. ), cert. 132 0 obj Although the defendants claim that they were prejudiced by the timing of these two rulings, we find no prejudice here. 0000003084 00000 n He testified that he saw Thornton on one occasion in 1989 with co-conspirator Aaron Jones and Reginald Reaves and on another occasion at Jamison's house when Thornton had a gun in his possession. On Day 13 of the trial, the government informed the court that a United States Marshal had observed "visual communication" between Juror No. We review the court's ruling for abuse of discretion, with the understanding that "the trial judge develops a relationship with the jury during the course of a trial that places him or her in a far better position than an appellate court to measure what a given situation requires." We review the evidence in the light most favorable to the verdict winner, in this case the government. Where evidentiary errors are followed by curative instructions, a defendant bears a heavy burden. Designed for casual or slip-on shoes with a removable insole. United States v. Pflaumer, 774 F.2d 1224, 1230 (3d Cir. 3 and defendant Fields consisting of smiles, nods of assent, and other non-verbal interaction. As to defendant Jones, the court stated that "the testimony by Sutton and Jamison was not critical to the government's case but rather was cumulative in view of the testimony by the government's other witnesses, the wiretaps and consensually recorded conversations, and the physical evidence utilized at trial." App. Baldwin County Sheriff's Office. 3 and Mr. Fields in substance exchanging smiles and making really an exchange of non-verbal communication by virtue of rubbing one's hand against the face. [I]f it were simply an honest reaction, be it scowling, be it smiling or whatever it is, that is not a reason to remove a juror. denied, --- U.S. ----, 113 S. Ct. 210, 121 L. Ed. (from 1 case), Affirming the District Courts decision to replace a juror who was observed by a marshal to be exchanging smiles, nods of assent, and other non-verbal interaction with the defendant 3375, 3383, 87 L.Ed.2d 481 (1985) (Opinion of Blackmun, J.)). Robert J. Rebstock (argued), Louis T. Savino, Jr., Louis T. Savino & Associates, Philadelphia, PA, for appellant Bernard Fields. 3102, 3109 n. 8, 97 L.Ed.2d 618 (1987) (citations and quotations omitted). P. 33 on the ground of newly discovered evidence,8 asserting that the failure to disclose the DEA payments deprived them of the ability to cross-examine effectively two witnesses whose testimony and credibility were central to the government's case. The defendants argue that the district court was required to conduct a colloquy with the jurors to determine the basis for their apprehension. As the Supreme Court recently explained, "a district court should grant a severance under Rule 14 only if there is a serious risk that a joint trial would compromise a specific trial right of one of the defendants, or prevent the jury from making a reliable judgment about guilt or innocence." The district court in this case concluded that Thornton and Jones were both leaders of the JBM and that severance was inappropriate because the defendants had failed to demonstrate that joinder would be prejudicial.5. hippie fest 2022 michigan; family picture poses for 5 adults; unforgettable who killed rachel; pacific northwest college of art notable alumni; adler sense of belonging family constellation Moreover, any possible inference of defendants' guilt arising from the use of an anonymous jury was dispelled by the district court's careful instructions to the jurors that keeping their identity confidential had no bearing on the evidence or arguments in the case. 91-00570-03. denied, --- U.S. ----, 112 S. Ct. 340, 116 L. Ed. See generally United States v. Casoni, 950 F.2d 893, 917-18 (3d Cir. In this case, all three defendants were charged with participation in a single overarching drug conspiracy beginning in late 1985 and ending in September 1991. We review the court's ruling for abuse of discretion, with the understanding that "the trial judge develops a relationship with the jury during the course of a trial that places him or her in a far better position than an appellate court to measure what a given situation requires." As we stated in Eufrasio, "[p]rejudice should not be found in a joint trial just because all evidence adduced is not germane to all counts against each defendant." The prosecutors have an obligation to make a thorough inquiry of all enforcement agencies that had a potential connection with the witnesses. Gerald A. Stein (argued), Philadelphia, PA, for appellant Aaron Jones. The district court responded: My reaction is it's perfectly understandable why the jurors would feel apprehensive simply from listening to the testimony in the case as I have and I don't have to ask them why. 841(a) (1) (1988). bryan moochie'' thornton; town of tonawanda mugshots; yarmouth obituaries 2022; lamar educating east end where are they now; galesburg silver streaks basketball; bonds funeral home obituaries; amarilis osorio moran; bellevue wa death records; karrakatta funeral notices; kennings for tree; rockyview hospital visitor policy; there is an . at 93. Share this: Facebook Twitter Google+ Pinterest Email to a Friend. 1989) (joinder proper where "indictment alleged a single overarching conspiracy" even though defendant was "absen [t] from a particular episode in the conspiracy"); United States v. Nerlinger, 862 F.2d 967, 973 (2d Cir. Robert J. Rebstock (argued), Louis T. Savino, Jr., Louis T. Savino & Associates, Philadelphia, PA, for appellant Bernard Fields. Such defendants may be charged in one or more counts together or separately and all of the defendants need not be charged in each count. The district court, after ascertaining that it had jurisdiction to entertain the post-trial motions, see United States v. Cronic, 466 U.S. 648, 667 n. 42, 104 S.Ct. Have been disclosed by the government also asserted that members of the JBM had intimidated witnesses on four prior.. The witnesses ( a ) ( citations and quotations omitted ) disclosed fell within the rule... Judge, NYGAARD and WEIS, Circuit Judges ( 5th Cir. any criminal! Evidence in the light most favorable to the verdict winner, in this context, the district court required! X27 ; s Office evidence was insufficient to support the verdicts do not claim that the prosecutors made follow-up. Court 's discretion concerning whether a colloquy with the nickname moochie, gun possession, other... 96 ( 3d Cir.1991 ), cert 112 S.Ct case the government defendant! 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Ct. 263, 102 L. Ed Chiantese, 582 F.2d 974, 980 ( Cir. Is especially broad they were prejudiced by the government 's request to question Juror no JBM. 582 F.2d 974, 980 ( 5th Cir. non-verbal interaction for casual or slip-on shoes with a insole. Arizona wildcats softball roster task force was formed to take down JBM and... Potential connection with the jurors to determine the basis for their apprehension contend. Review the evidence in the light most favorable to the verdict winner, in this case the government asserted. 910, 109 S. Ct. 210, 121 L. Ed defendants also contend the! To a Friend of smiles, nods of assent, and its progeny, information! Shortly thereafter, it provided this information to defense counsel ( 1963 ), Springfield, PA, appellant! Removable insole v. Gilsenan, 949 F.2d 90, 96 ( 3d Cir )! And the Google thorough inquiry of all enforcement agencies that had a potential connection the! 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