Boise, ID 83706 Get Directions Hours Sun - Sat: 8 a.m. - 8 p.m. <>/Border[0 0 0]/Contents(Opinions of the United States Court of Appeals for the Third Circuit)/Rect[445.8877 601.5547 540.0 614.4453]/StructParent 6/Subtype/Link/Type/Annot>> at 82. Kennedy was dating Neisha Witherspoon Jones' baby mama and the incarcerated Jones was not pleased. 12 during the trial. Get free summaries of new Third Circuit US Court of Appeals opinions delivered to your inbox! In McAnderson, four jurors informed the district court that they had received threatening phone calls and a fifth juror explained that she had heard about the calls from another juror. 0000014797 00000 n 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. That is hardly an acceptable excuse. 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." 2d 481 (1985) (Opinion of Blackmun, J.)). 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. Jamison provided only minimal testimony regarding Thornton. " Pennsylvania v. Ritchie, 480 U.S. 39, 57, 107 S.Ct. at 50-55. See generally United States v. Casoni, 950 F.2d 893, 917-18 (3d Cir. 1985) (citation omitted), cert. 2d 657 (1984), denied the motions on their merits. at 50-55. Only the Seventh Circuit has required that a second notice of appeal be filed in this context. On appeal, defendants raise the same arguments they made before the district court. sovereign hill cafe menu; advantages and disadvantages of tourism in tunisia; mississippi public service commission district map The defendants do not dispute that the district court applied the correct legal principles in ruling on their new trial motions. We disagree. Nothing in this statement intimates that the jurors were exposed to "extra-record information." 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. " Pennsylvania v. Ritchie, 480 U.S. 39, 57, 107 S. Ct. 989, 1001, 94 L. Ed. let america be america again figurative language; what happened to royal on graveyard carz at 75. The defendants have not challenged the propriety of their sentences or fines. Nonetheless, not every failure to disclose requires reversal of a conviction. 0000005239 00000 n Moreover, the indictment alleged as overt acts in furtherance of the conspiracy the substantive acts with which these defendants were charged, further demonstrating the efficiency of a joint trial. 732, 50 L.Ed.2d 748 (1977). 880, 88 L.Ed.2d 917 (1986), but we believe these cases support the government. 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 . Alabama Highway Patrol. United States., 1 F.3d 149 Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information. [126 0 R 127 0 R 128 0 R 129 0 R 130 0 R 131 0 R 132 0 R 133 0 R] denied, 497 U.S. 1029, 110 S.Ct. Nor, significantly, have they alleged that the evidence was insufficient to support the verdicts. [i]n determining whether to [question jurors] , the court must balance the probable harm resulting from the emphasis such action would place upon the misconduct and the disruption involved in conducting a hearing against the likely extent and gravity of the prejudice generated by that misconduct. 1985), cert. 0000001186 00000 n We understand the government's brief to explain that the prosecutors themselves did not know of the DEA payments to the witnesses. Filed: 1993-07-19 Precedential Status: Precedential Citations: 1 F.3d 149 Docket: 92-1635 1194, 10 L.Ed.2d 215 (1963), and its progeny, including information concerning arrangements with or benefits given to government witnesses. 1987) (in banc). 929 F.2d at 970. 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." denied, 497 U.S. 1029, 110 S. Ct. 3284, 111 L. Ed. 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." 3 and declined to remove Juror No. 4 seconds ago banana pudding poem why does it stay lighter longer in the north. 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. of Justice, Washington, DC, for appellee. 340, 116 L.Ed.2d 280 (1991). 3 and defendant Fields consisting of smiles, nods of assent, and other non-verbal interaction. More recently, in United States v. Joseph, 996 F.2d 36 (3d Cir. App. 3582(c)(2). ("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. App. Defendants make, in combination, six claims of error which they argue require a reversal of their convictions and a new trial. l a w . at 744-45. Daphe Police Department. The government also asserted that members of the JBM had intimidated witnesses on four prior occasions. Join Facebook to connect with Brian Thornton and others you may know. 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. A reasonable probability is a probability sufficient to undermine confidence in the outcome.' denied, 474 U.S. 1100, 106 S.Ct. 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. 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. In this context, the district court's discretion concerning whether a colloquy should be held is especially broad. For the foregoing reasons, we will affirm the judgments of conviction and sentence. At argument, the government advised the court that it requested that the FBI and DEA agents advise it of any payments that would have to be disclosed under Brady, that the FBI agents responded but that the DEA agents made no response. at 874, 1282, 1334, 1516. Nothing in this statement intimates that the jurors were exposed to "extra-record information." Filed: In Watchmaker, the district court met privately with one of the jurors who stated that she feared for her safety and reported that other jurors shared her apprehensiveness. 0000003084 00000 n %%EOF See generally United States v. Casoni, 950 F.2d 893, 917-18 (3d Cir.1991) (admission of hearsay was harmless where the hearsay evidence was merely cumulative and other evidence of guilt was overwhelming). at 93. 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. denied, 475 U.S. 1046, 106 S. Ct. 1263, 89 L. Ed. 2d 588 (1992). <> 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." In McAnderson, four jurors informed the district court that they had received threatening phone calls and a fifth juror explained that she had heard about the calls from another juror. Michael Baylson, U.S. <>/Metadata 120 0 R/Outlines 27 0 R/Pages 119 0 R/StructTreeRoot 32 0 R/Type/Catalog/ViewerPreferences<>>> This case has been cited by other opinions: The following opinions cover similar topics: CourtListener is a project of Free ("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. 91-00570-05). The defendants argue that the district court was required to conduct a colloquy with the jurors to determine the basis for their apprehension. The district court denied the motion, stating, "I think Juror No. Eufrasio, 935 F.2d at 574. Prior to trial, the defendants had made a general request for all materials that would be favorable to the defense under the principles set forth in Brady v. Maryland, 373 U.S. 83, 83 S.Ct. The jury found Fields not guilty of one count of using a firearm during a drug trafficking offense, Under the Rule, "Two or more defendants may be charged in the same indictment or information if they are alleged to have participated in the same act or transaction or in the same series of acts or transactions constituting an offense or offenses. 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. 1991) (admission of hearsay was harmless where the hearsay evidence was merely cumulative and other evidence of guilt was overwhelming). R. Crim. 3375, 3383, 87 L.Ed.2d 481 (1985) (Opinion of Blackmun, J.)). what channel is nbc on directv in arizona; farmacia ospedale perrino brindisi orari; stifle surgery horse cost; van gogh peach trees in blossom value July 19th, 1993, Precedential Status: at 937 ("There is a preference in the federal system for joint trials of defendants who are indicted together."). ), cert. In Watchmaker, the district court met privately with one of the jurors who stated that she feared for her safety and reported that other jurors shared her apprehensiveness. Select Exit Kids Mode Window . <>/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>> The indictment further alleged that Thornton, Jones, and Fields were, at various times, the principal leaders of the JBM. 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. 129 0 obj Address 701 E. Parkcenter Blvd. 12 for scowling. We 924(c) (1) (1988 & Supp. 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>> The indictment in this case alleged that Thornton participated in the conspiracy through its conclusion in September 1991. Kevin Anthony "Moochie" Corcoran was an American director, producer, and former child actor. <>/MediaBox[0 0 612 792]/Parent 119 0 R/Resources<>/Font<>/ProcSet[/PDF/Text/ImageC]/XObject<>>>/Rotate 0/StructParents 0/Tabs/S/Type/Page>> Thus, we conclude that the district court did not err in denying the defendants' motions for separate trials.B. at 93. v i l l a n o v a . ), cert. Receive free daily summaries of new opinions from the US Court of Appeals for the Third Circuit . The government also asserted that members of the JBM had intimidated witnesses on four prior occasions. Thornton asserts that he should not have been joined with Jones and Fields because he was incarcerated on June 27, 1990 on an unrelated charge, and the government failed to prove his continuing participation in the conspiracy after that date. endobj Baldwin County Sheriff's Office. My judgment at this moment is that it [a colloquy] is not [necessary and] that the apprehensions are normal, given the evidence. 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