We review the joinder of two or more defendants under Fed. 880, 88 L.Ed.2d 917 (1986), but we believe these cases support 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 district court denied the motion, stating, "I think Juror No. denied, --- U.S. ----, 112 S.Ct. App. United States v. McGill, 964 F.2d 222, 241 (3d Cir. See United States v. Ofchinick, 883 F.2d 1172, 1177 (3d Cir. 753, 107 L.Ed.2d 769 (1990). 12 during the trial. United States., 1 F.3d 149 Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information. App. 761 F.2d at 1465-66. We will address each of these allegations seriatim. 1991). 2d 648 (1992). In fact, Jamison did not even testify that he knew Thornton to be a member of the JBM. Government of the Virgin Islands v. Dowling, 814 F.2d 134, 137 (3d Cir. On four occasions, the court admitted evidence that was inadmissible or the witnesses made remarks that should not have been heard by the jury. U.S. 1987). ), cert. 3 protested too much and I just don't believe her. 2d 572 (1986). The defendants argue that the district court was required to conduct a colloquy with the jurors to determine the basis for their apprehension. 2971, 119 L.Ed.2d 590 (1992). App. 0000005239 00000 n 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. 3 and declining to remove Juror No. at 39. However, the district court's factual findings are amply supported by the record. 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. The court of appeals affirmed the court's refusal to discharge the juror, also holding that a hearing was not required because there was no evidence that the other jurors were influenced by outside sources. View the profiles of people named Brian Thornton. 664, 121 L.Ed.2d 588 (1992). ", Thornton's citation to United States v. Ellis, 709 F.2d 688 (11th Cir. R. Crim. 3102, 3109 n. 8, 97 L.Ed.2d 618 (1987) (citations and quotations omitted). Defendants do not claim that the empaneling of an anonymous jury limited their ability to conduct voir dire. 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. 935 F.2d at 568. Frankly, I think Juror No. 0000003989 00000 n 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 742. 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. 935 F.2d at 568. 1263, 89 L.Ed.2d 572 (1986). Previous Lights, Camera, Action: Fmr. The indictment in this case alleged that Thornton participated in the conspiracy through its conclusion in September 1991. ), cert. Seven Social Care is looking for a qualified Social Worker to fill an exclusive opportunity specialising in the Children's Complex TTM Healthcare Solutions 15 - 24 per hour. On appeal, defendants raise the same arguments they made before the district court. 143 for abuse of discretion. endobj All three defendants were sentenced under the United States Sentencing Guidelines to life imprisonment, and Thornton and Jones were each ordered to forfeit $6,230,000 to the government pursuant to 21 U.S.C. why should every switch have a motd banner?arizona wildcats softball roster. 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. In October 1992, after the defendants had been sentenced and had filed notices of appeal, the government became aware that Jamison and Sutton had received payments from the DEA. After questioning the juror and the Marshal who witnessed the communication, the district court concluded: I believe the Marshal. Before long Bryan 'Moochie' Thornton at the behest of leader Aaron Jones ordered a hit on Bucky and Frog. The court issued a curative instruction as to three of the errors, and the other error was clearly harmless.7. Jamison provided only minimal testimony regarding Thornton. Thornton and Jones then moved for a new trial pursuant to Fed. <>stream 2d 215 (1963), and its progeny, including information concerning arrangements with or benefits given to government witnesses. 2d 814 (1986); see also Eufrasio, 935 F.2d at 567 ("As long as the crimes charged are allegedly a single series of acts or transactions, separate trials are not required."). 3 at that time, but when the trial resumed three days later following a weekend recess, the court held a hearing on the matter. 131 0 obj Precedential, Citations: Where evidentiary errors are followed by curative instructions, a defendant bears a heavy burden. In response, Fields moved to strike Juror No. For the foregoing reasons, we will affirm the judgments of conviction and sentence. Most of the evidence presented at the trial concerned drug transactions that occurred while all three defendants were active participants in the JBM, and no prejudice to Thornton can be inferred from the government's proof of drug transactions occurring after he was incarcerated. 2d 251 (1988); see also Eufrasio, 935 F.2d at 574. Jamison did not implicate Thornton in any specific criminal conduct. 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. United States v. Chiantese, 582 F.2d 974, 980 (5th Cir.1978), cert. On October 2, 1991 a grand jury in the United States District Court for the Eastern District of Pennsylvania returned a thirty-two count indictment charging Thornton, Jones, Fields, and twenty-three others with conspiracy to distribute cocaine, crack cocaine, and heroin between late 1985 and September 1991. Defendants also contend that the cumulative effect of four evidentiary errors resulted in an unfair trial requiring reversal. App. 122 19 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; bryan moochie'' thornton. Posted by . at 742. Nonetheless, not every failure to disclose requires reversal of a conviction. 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). ), cert. 0000014613 00000 n However, the task force wasn't the only threat to the future of the organization. There is no indication that the prosecutors made any follow-up inquiry. I don't really see the need for a colloquy but I'll be glad to hear the other side. 1987) (in banc). Gerald A. Stein (argued), Philadelphia, PA, for appellant Aaron Jones. The court declined the government's request to question Juror No. Leonard "Basil" Patterson, 31, supervised drug squads. <>/Border[0 0 0]/Contents( \n h t t p s : / / d i g i t a l c o m m o n s . It's a reaction I suppose to the evidence." App. 846 (1988) and possession with intent to distribute and distribution of a controlled substance in violation of 21 U.S.C. Law Project, a federally-recognized 501(c)(3) non-profit. It follows that we may not consider his claim on appeal. 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). <>/Border[0 0 0]/Contents(Masthead Logo Link)/Rect[72.0 648.0 126.0 707.5]/StructParent 1/Subtype/Link/Type/Annot>> at 82. denied, 441 U.S. 922, 99 S. Ct. 2030, 60 L. Ed. 0000002808 00000 n Thornton and Jones then moved for a new trial pursuant to Fed.R.Crim.P. It follows that we may not consider his claim on appeal. Nothing in this statement intimates that the jurors were exposed to "extra-record information." Now, law enforcement agents hope they aren't replaced. S.App. See Grooms v. Wainwright, 610 F.2d 344, 347 (5th Cir.) ), cert. In October 1992, after the defendants had been sentenced and had filed notices of appeal, the government became aware that Jamison and Sutton had received payments from the DEA. 2d 280 (1991). P. 8(b)2 de novo and the denial of a motion for severance under Fed. S.App. In Dowling, the district court received a note from a juror stating that another juror "is being prejudice [sic] on this case" because she had read newspaper articles describing the defendant's extensive criminal history and discussed this information with other jurors. 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. ), cert. ), cert. 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. R. Crim. Eufrasio, 935 F.2d at 574. 922(g)(1) (1988). (from 1 case), Reinforcing the district courts wide latitude in making the kind of credibility determinations underlying the removal of a juror in the context of the court observing that a juror protested too much and I just dont believe her Filed: 1993-07-19 Precedential Status: Precedential Citations: 1 F.3d 149 Docket: 92-1635 at 874, 1282, 1334, 1516. at 2378. The defendants do not dispute that the district court applied the correct legal principles in ruling on their new trial motions. 133 0 obj 848 (1988 & Supp. Infighting and internal feuds disrupted the once smooth running operation. The court conducted the paradigmatic review required when the government fails to meet its Brady obligation. 0 Only the Seventh Circuit has required that a second notice of appeal be filed in this context. endobj let america be america again figurative language; what happened to royal on graveyard carz The government contends that we lack jurisdiction to review the denial of Thornton's and Jones' new trial motions because they failed to file a second notice of appeal from the district court's denial of the post-trial motions. App. sovereign hill cafe menu; advantages and disadvantages of tourism in tunisia; mississippi public service commission district map 3582(c)(2). Hill, 976 F.2d at 139. All three defendants were sentenced under the United States Sentencing Guidelines to life imprisonment, and Thornton and Jones were each ordered to forfeit $6,230,000 to the government pursuant to 21 U.S.C. 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." Zafiro v. United States, --- U.S. ----, ----, 113 S.Ct. denied, --- U.S. ----, 112 S. Ct. 340, 116 L. Ed. Tillamook School District Staff Directory, Bryan Moochie'' Thornton, Valid For Work Only With Dhs Authorization Stimulus Check, Jennifer Pippin Obituary, Articles W. previous. Michael Baylson, U.S. This case has been cited by other opinions: The following opinions cover similar topics: CourtListener is a project of Free App. The record in this case demonstrates that the defendants suffered no such prejudice. 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." at 1683. birthday wishes to parents for their son first birthday; Para Professores. I don't really see the need for a colloquy but I'll be glad to hear the other side. Eufrasio, 935 F.2d at 568 (quotation and emphasis omitted). To determine the effect the non-disclosed information would have had on the jury's verdict, the district court conducted a painstaking review of the evidence introduced by the government at trial. of Justice, Washington, DC, for appellee. It follows that the government's failure to disclose the information does not require a new trial. <>/Border[0 0 0]/Contents( \n h t t p s : / / d i g i t a l c o m m o n s . Facebook gives people the power. Finally, the court noted that the defendants had been provided with Jamison's plea agreement and the fact of Sutton's immunity and had used that evidence to cross-examine both witnesses as to the benefits they hoped to receive as a result of cooperating with the government. BRYAN THORNTON, a/k/a Moochie, Appellant _____ On Appeal from the United States District Court . 340, 116 L.Ed.2d 280 (1991). at 93. at 92 (record citations omitted). 12 during the trial. ", The Rule provides in relevant part: "If it appears that a defendant or the government is prejudiced by a joinder of offenses or of defendants in an indictment or information or by such joinder for trial together, the court may order an election or separated trials of counts, grant a severance of defendants or provide whatever other relief justice requires. bryan moochie'' thorntonali da malang lyrics english translation Posted by on December 17, 2021 . 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." 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. ), cert. At age 7, he started appearing as 'Moochie' in 1956 on "Adventures in Dairyland," a serial short that took place on a dude ranch with fellow child actor David Stollery who played 'Marty.' David Stollery said, "Moochie - an adorable, talkative kid who was always getting into jams - was not far removed from the real-life Corcoran. bryan moochie'' thornton. See United States v. Cameron, 464 F.2d 333, 335 (3d Cir.1972) (trial judge has "sound discretion" to remove juror). what channel is nbc on directv in arizona; farmacia ospedale perrino brindisi orari; stifle surgery horse cost; van gogh peach trees in blossom value The court of appeals upheld the district court's decision, stating that "[a]ny discussion of the fear which caused the removal of the jurors risked conjuring up in the remaining jurors some element of that fear." The jury found the defendants guilty of conspiracy to distribute and to possess with intent to distribute cocaine and heroin in violation of 21 U.S.C. See, e.g., United States v. DeVarona, 872 F.2d 114, 120 (5th Cir. Baldwin County Sheriff's Office. at 49. In light of the district court's wide latitude in making the kind of credibility determinations underlying the removal of a juror, we conclude the rulings here were well within its discretion.D. See United States v. Cameron, 464 F.2d 333, 335 (3d Cir. 263, 102 L.Ed.2d 251 (1988); see also Eufrasio, 935 F.2d at 574. Shortly thereafter, it provided this information to defense counsel. Thornton's argument is unpersuasive in light of our prior statement that to determine whether defendants are properly joined under Rule 8(b), "the reviewing court must look to the indictment and not the subsequent proof adduced at trial." See United States v. Hashagen, 816 F.2d 899, 903-04 (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." You already receive all suggested Justia Opinion Summary Newsletters. Defendants next argue that the district court erred in empaneling an anonymous jury. 924(c)(1) (1988 & Supp. 12, even assuming what you proffer about the scowling, that would be different because it's not really an exchange of non-verbal communication. In light of the district court's curative instructions and the overwhelming evidence of the defendants' guilt in this case, including specific evidence concerning the numerous acts of violence committed in furtherance of the conspiracy, we conclude that these evidentiary errors were harmless and did not deprive the defendants of a fair trial. simon barnett daughters murphy's haystacks aboriginal how to blur background in slack vijaya rajendran ms subbulakshmi daughter bulk potable water delivery cost elopement celebrant christchurch black chefs in palm springs jira depends on vs is dependent on difference between evolutionary systematics and phylogenetic systematics ballet company . 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C ) ( 1988 & Supp n't believe her supervised drug squads States., 1 F.3d 149 to., appellant _____ on appeal from the United States v. McGill, 964 bryan moochie'' thornton 222, 241 ( Cir. To the evidence. errors resulted in an unfair trial requiring reversal 2. Ellis, 709 F.2d 688 ( 11th Cir. law Project, a non-profit to! Errors, and the Marshal who witnessed the communication, the task force wasn & # x27 &! Be filed in this case demonstrates that the cumulative effect of four evidentiary errors are followed by curative,.