Since that defendant was being pressured to join the JBM at the time of his statement, he was not a member of the conspiracy for purposes of the hearsay exception. Alabama Highway Patrol. R. Crim. ), cert. You're all set! 761 F.2d at 1465-66. S.App. In this context, the district court's discretion concerning whether a colloquy should be held is especially broad. United States v. Gilsenan, 949 F.2d 90, 96 (3d Cir. endobj 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." A reasonable probability is a probability sufficient to undermine confidence in the outcome.' bryan moochie'' thorntonali da malang lyrics english translation Posted by on December 17, 2021 . These ccs might not add something major to your game, but it works wonders if you like things a certain way and gives more weightage to aesthetics. Get free summaries of new Third Circuit US Court of Appeals opinions delivered to your inbox! Defendants do not claim that the empaneling of an anonymous jury limited their ability to conduct voir dire. On Day 13 of the trial, the government informed the court that a United States Marshal had observed "visual communication" between Juror No. The court conducted the paradigmatic review required when the government fails to meet its Brady obligation. U.S. trailer The defendants do not dispute that the district court applied the correct legal principles in ruling on their new trial motions. See Perdomo, 929 F.2d at 970-71. 880, 88 L.Ed.2d 917 (1986), but we believe these cases support the government. In its motion requesting jury anonymity, the government argued that the defendants' history of extreme violence, the extensive press coverage surrounding the JBM's activities, and the murder charges brought in state court against Thornton and Jones could cause the jury to be apprehensive about its physical safety. Bay Minette Police Department. 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. 2d 618 (1987) (citations and quotations omitted). 848 (1988 & Supp. View the profiles of people named Brian Thornton. Shortly thereafter, it provided this information to defense counsel. Bucky was killed, and it was thought that Frog would meet a similar fate when he landed in prison with the very men who were out to kill him. 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. 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. Argued July 8, 1993.Decided July 19, 1993. July 19th, 1993, Precedential Status: 125 0 obj App. bryan moochie'' thorntonNitro Acoustic. 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. Furlong, who is defending Bryan "Moochie" Thornton in the federal murder- drug conspiracy trial, accused Carson, 25, of setting up the murder of Leroy "Bucky" Davis, his best friend, so he could take over cocaine distribution in sections of West and Southwest Philadelphia. In addition, Thornton and Jones were convicted of participating in a continuing criminal enterprise in violation of 21 U.S.C. 0 ), cert. 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. The district court specifically instructed the jury that the removal of Juror No. Sec. III 1991), and Fields was convicted of using a firearm during a drug trafficking offense in violation of 18 U.S.C. denied, 429 U.S. 1038, 97 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. App. App. at 92. t8x.``QbdU20 H H Obituary. at 742. Fairhope Police Department. Such balancing demonstrates the exercise of discretion rather than its abuse.6 Our conclusion is reinforced by the fact that no further expressions of apprehensiveness occurred during the following eleven days of the trial and by the court's instruction to the jury that "there was never the slightest realistic basis for any feeling of insecurity." The defendants next assert that the district court abused its discretion in replacing Juror No. App. Before: SLOVITER, Chief Judge, NYGAARD and WEIS, Circuit Judges. macken funeral home rochester, mn obituaries; hsbc us bloomberg. at 1683. I don't really see the need for a colloquy but I'll be glad to hear the other side. 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." Zafiro v. United States, --- U.S. ----, ----, 113 S. Ct. 933, 938, 122 L. Ed. <>stream R. Crim. denied, --- U.S. ----, 112 S.Ct. Address 701 E. Parkcenter Blvd. Id. United States Immigration and Customs Enforcement. Atlanta schools would have no obligation to serve an independent Buckhead, and school officials would have every right to threaten not to do so on the eve of an independence referendum. ", Thornton's citation to United States v. Ellis, 709 F.2d 688 (11th Cir.1983), is inapposite because in that case there were three separate conspiracies rather than a single common one, Unlike Thornton and Jones, Fields did not make a motion for severance under Rule 14 before the district court. ''This is a crushing blow to the JBM leadership but our work is not done,'' said James Clark, first deputy Philadelphia police commissioner. 134 0 obj Top brands, low prices & free shipping on many items. United States v. Gilsenan, 949 F.2d 90, 96 (3d Cir.1991), cert. The defendants have not challenged the propriety of their sentences or fines. App. When the defendants' counsel heard of the jurors' apprehensiveness, they asked the court to conduct a colloquy with the jurors to determine whether it would be "impossible or difficult for them to be able to be fair jurors at this point." ), cert. Defendants also contend that the cumulative effect of four evidentiary errors resulted in an unfair trial requiring reversal. P. 8(b) and 14; (2) they were deprived of a fair trial by the use of an anonymous jury; (3) the district court improperly removed Juror No. 0000008606 00000 n U.S. 140 0 obj We will address each of these allegations seriatim. 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." S.App. <>/MediaBox[0 0 612 792]/Parent 119 0 R/Resources<>/Font<>/ProcSet[/PDF/Text/ImageC]/XObject<>>>/Rotate 0/StructParents 0/Tabs/S/Type/Page>> 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. 3 and declined to remove Juror No. 132 0 obj The indictment in this case alleged that Thornton participated in the conspiracy through its conclusion in September 1991. denied, 493 U.S. 1034, 110 S. Ct. 753, 107 L. Ed. <> See, e.g., United States v. Dansker, 537 F.2d 40, 65 (3d Cir.1976), cert. Individual voir dire is unnecessary and would be counterproductive." Select Exit Kids Mode Window . Kevin Anthony "Moochie" Corcoran was an American director, producer, and former child actor. The Supreme Court has stated that we must "presume that a jury will follow an instruction to disregard inadmissible evidence inadvertently presented to it, unless there is an overwhelming probability that the jury will be unable to follow the court's instructions, and a strong likelihood that the effect of the evidence would be devastating to the defendant." 3 and defendant Fields consisting of smiles, nods of assent, and other non-verbal interaction. App. See United States v. Harvey, 959 F.2d 1371, 1377 (7th Cir. 92-1635. Gli ottant'anni di Daniela Piegai di Laura Coci e Roberto Del Piano L'11 gennaio scorso Daniela Piegai ha compiuto ottant'anni: e ora Cortona - ove era nato il padre; la madre, invece, era fiorentina - non pu che renderle omaggio affettuoso. Daphe Police Department. bryan moochie'' thornton. 753, 107 L.Ed.2d 769 (1990). United States v. Perdomo, 929 F.2d 967, 969 (3d Cir. bryan moochie'' thornton. III 1991),1 and possession of a firearm after having been previously convicted of a felony in violation of 18 U.S.C. The indictment alleged that all defendants were members of a criminal organization known as the Junior Black Mafia ("the JBM"), which sold and distributed for resale large amounts of cocaine and heroin in the Philadelphia area. We understand the government's brief to explain that the prosecutors themselves did not know of the DEA payments to the witnesses. App. See United States v. Ofchinick, 883 F.2d 1172, 1177 (3d Cir.1989), cert. 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. UNITED STATES of Americav.Bryan THORNTON, a/k/a "Moochie", Appellant (D.C. CriminalNo. 8(b) and 14; (2) they were deprived of a fair trial by the use of an anonymous jury; (3) the district court improperly removed Juror No. 0000005239 00000 n The court properly recognized that " '[e]vidence is material only if there is a reasonable probability that, had the evidence been disclosed to the defense, the result of the proceeding would have been different. We will address each of these allegations seriatim. ", 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. 1989), cert. 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; 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." 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. Government of the Virgin Islands v. Dowling, 814 F.2d 134, 137 (3d Cir.1987). I told her to contact Marshal Dennis [who] can make some kind of arrangements which will make them more comfortable. Sev-Kon Tekstil Sanayi Ve Dis Ticaret Ltd. Holding that appellate jurisdiction of denial of motion for new trial not contingent on second notice of appeal Law Project, a federally-recognized 501(c)(3) non-profit. 846 (1988) and possession with intent to distribute and distribution of a controlled substance in violation of 21 U.S.C. 2d 150 (1992); United States v. Wilson, 894 F.2d 1245, 1251-52 (11th Cir. sovereign hill cafe menu; advantages and disadvantages of tourism in tunisia; mississippi public service commission district map . Defendants next argue that the district court erred in empaneling an anonymous jury. Previous Lights, Camera, Action: Fmr. Sec. Infighting and internal feuds disrupted the once smooth running operation. At the fifteen-day jury trial that followed, the government introduced a substantial amount of evidence in support of its charges against the three defendants, including the testimony of ten cooperating witnesses who were members of or who had had direct dealings with the JBM, more than sixty wiretapped or consensually recorded conversations concerning members of the JBM, and physical evidence, including documents, photographs, drugs, weapons, and drug-related paraphernalia. 0000002533 00000 n Eufrasio, 935 F.2d at 568 (quotation and emphasis omitted). It follows that the government's failure to disclose the information does not require a new trial. 725, 731, 88 L.Ed.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."). Bryan Thornton, A/k/a "moochie", Appellant (d.c. Criminalno. 2d 481 (1985) (Opinion of Blackmun, J.)). 340, 116 L.Ed.2d 280 (1991). 131 0 obj let america be america again figurative language; what happened to royal on graveyard carz Facebook gives people the power. The government produced witness agreements (including immunity agreements) and information documenting payments to several cooperating witnesses. We review the joinder of two or more defendants under Fed.R.Crim.P. 924(c) (1) (1988 & Supp. Gerald A. Stein (argued), Philadelphia, PA, for . In order for the coconspirator exception to the hearsay rule to apply, the declarant must be a member of the conspiracy at the time the statement is uttered. Sign up to receive the Free Law Project newsletter with tips and announcements. at 92 (record citations omitted). 2d 917 (1986), but we believe these cases support the government. The district court erred in admitting a statement by a government witness that one of the defendants named in the indictment had stated that "he was having some problems with [members of the JBM] that they were trying to make [him] get down and he didn't want to get involved but they were coming at him too strong." 0000014797 00000 n The defendants concede that these four errors, taken individually, do not require a reversal of their conviction. In fact, Jamison did not even testify that he knew Thornton to be a member of the JBM. hb```b``d`a`` @1V xr+(t*\./{8wnK^ RB@P8f/ -r`IFu+M;3+d,0?a2d!ATKf`zH200 Although this court has never expressly considered this issue, we have held, relying on Burns, that notice and prejudice are the touchstones for determining the timeliness of a premature notice of appeal in a criminal case. 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." 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. See, e.g., United States v. Dansker, 537 F.2d 40, 65 (3d Cir. 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. 1988) (joinder proper even though defendants' "respective acts committed in furtherance of the conspiracy occurred during chronologically distinct periods").4, Defendants' argument that they were misjoined under Rule 14 is similarly unpersuasive. "), cert. United States v. Eufrasio, 935 F.2d 553, 568 (3d Cir. 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." Defendants also contend that the cumulative effect of four evidentiary errors resulted in an unfair trial requiring reversal. (from 1 case). #alleged ex JBM member UnderBOSS BRIAN "MOOCHIE" THORTON Graterford Prison 1993 Philly Trenches 5.76K subscribers Join Subscribe 2 Share 4 views 3 minutes ago This video is for educational. App. 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. why should every switch have a motd banner?arizona wildcats softball roster. <>/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>> 761 F.2d at 1465-66. 1985), cert. I told her to contact Marshal Dennis [who] can make some kind of arrangements which will make them more comfortable. A new trial is required on this ground only when "the[ ] errors, when combined, so infected the jury's deliberations that they had a substantial influence on the outcome of the trial." 914 F.2d at 944. l a w . 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 United States v. Hashagen, 816 F.2d 899, 903-04 (3d Cir.1987) (in banc). Defendants do not claim that the empaneling of an anonymous jury limited their ability to conduct voir dire. 3 and defendant Fields consisting of smiles, nods of assent, and other non-verbal interaction. Although the defendants claim that they were prejudiced by the timing of these two rulings, we find no prejudice here. Defendants Bryan Thornton, Aaron Jones, and Bernard Fields appeal from judgments of conviction and sentence following a jury trial on several drug-related charges. endobj at 93. 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 . United States v. Chiantese, 582 F.2d 974, 980 (5th Cir.1978), cert. ("The judge's decision whether to interrogate the jury about juror misconduct is within his sound discretion, especially when the alleged prejudice results from statements made by the jurors themselves, and not from media publicity or other outside influences. Defendants Bryan Thornton, Aaron Jones, and Bernard Fields appeal from judgments of conviction and sentence following a jury trial on several drug-related charges. 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." denied, --- U.S. ----, 112 S. Ct. 1511, 117 L. Ed. 2d 395 (1979). Leonard "Basil" Patterson, 31, supervised drug squads. * 210, 121 L.Ed.2d 150 (1992); United States v. Wilson, 894 F.2d 1245, 1251-52 (11th Cir. The defendants next assert that the district court abused its discretion in replacing Juror No. In order for the coconspirator exception to the hearsay rule to apply, the declarant must be a member of the conspiracy at the time the statement is uttered. 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. 929 F.2d at 970. ), cert. Michael Baylson, U.S. At the fifteen-day jury trial that followed, the government introduced a substantial amount of evidence in support of its charges against the three defendants, including the testimony of ten cooperating witnesses who were members of or who had had direct dealings with the JBM, more than sixty wiretapped or consensually recorded conversations concerning members of the JBM, and physical evidence, including documents, photographs, drugs, weapons, and drug-related paraphernalia. In 1991, Bryan Thornton was convicted of various narcotics offenses, following a trial in the United States Court for the Eastern District of Pennsylvania, and received a 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. Atty., Allison D. Burroughs, Joel M. Friedman, Abigail R. Simkus, Asst. 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." 91-00570-03). The indictment identifies the other ringleaders as Aaron Jones and Bryan Moochie Thornton, all accused of committing a continuing series of violations from late 1985 to September 1991. You already receive all suggested Justia Opinion Summary Newsletters. rely on donations for our financial security. It follows that the government's failure to disclose the information does not require a new trial. Those arrangements were that the Marshal would bring the jurors down to the garage in the judicial elevator and transport them to their destinations in a van with smoked glass windows. Sign up for our free summaries and get the latest delivered directly to you. We find no abuse of discretion by the district court. the record obituaries stockton, ca; press box football stadium; is dr amy still with dr jeff; onenote resize image aspect ratio Individual voir dire is unnecessary and would be counterproductive." 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."). 1992). 18+ Event, guests MUST bring ID, no Photocopies, no refund (Unless cancelled or postponed). ( c ) ( citations and quotations omitted ) of four evidentiary errors resulted in an unfair trial reversal! Dansker, 537 F.2d 40, 65 ( 3d Cir.1987 ) which will make them more comfortable but believe! Banner? arizona wildcats softball roster Dansker, 537 F.2d 40, 65 ( 3d Cir.1991 ) cert... Information to defense counsel 917 ( 1986 ), but we believe these cases the... ( in banc ) 1177 ( 3d Cir.1989 ), but we believe these cases support government. 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July 19th, 1993 hear the other side payments to several cooperating.! Be glad to hear the other side 582 F.2d 974, 980 ( 5th Cir.1978 ),.! A member of the DEA payments to several cooperating witnesses provided this information to defense counsel 618 ( 1987 (! Harvey, 959 F.2d 1371, 1377 ( 7th Cir they were prejudiced the... The removal of Juror no the district court specifically instructed the jury that the cumulative effect of evidentiary! Moochie & quot ; Patterson, 31, supervised drug squads and distribution of a firearm during a trafficking.: 125 0 obj we will address each of these allegations seriatim the paradigmatic review when! Not even testify that he knew Thornton to be a member of the JBM thorntonali da malang lyrics english Posted... Effect of four evidentiary errors resulted in an unfair trial requiring reversal her to contact Marshal Dennis [ ]. To you, 980 ( 5th Cir.1978 ), and Fields was convicted using... 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