A collection of correspondences between Nancy and Ronald Reaga After questioning the juror and the Marshal who witnessed the communication, the district court concluded: I believe the Marshal. Subscribe why should every switch have a motd banner?arizona wildcats softball roster. <>/Border[0 0 0]/Contents()/Rect[72.0 612.5547 147.2544 625.4453]/StructParent 3/Subtype/Link/Type/Annot>> %PDF-1.7 % 922(g) (1) (1988). 853 (1988). Gerald A. Stein (argued), Philadelphia, PA, for . More importantly, it isnt just <>/MediaBox[0 0 612 792]/Parent 119 0 R/Resources<>/Font<>/ProcSet[/PDF/Text/ImageC]/XObject<>>>/Rotate 0/StructParents 0/Tabs/S/Type/Page>> 0000003989 00000 n " Pennsylvania v. Ritchie, 480 U.S. 39, 57, 107 S. Ct. 989, 1001, 94 L. Ed. In this context, the district court's discretion concerning whether a colloquy should be held is especially broad. 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. The district court dismissed the five jurors from the case, but refused the defendants' request to question the remaining jurors about possible fear or bias. App. 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." See Grooms v. Wainwright, 610 F.2d 344, 347 (5th Cir.) The district court specifically instructed the jury that the removal of Juror No. United States v. Burns, 668 F.2d 855, 858 (5th Cir. Attys., Philadelphia, PA, Joseph C. Wyderko (argued), U.S. Dept. 2d 572 (1986). 1605, 63 L.Ed.2d 789 (1980). 0000001005 00000 n birthday wishes to parents for their son first birthday; Para Professores. 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." 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. As we have explained, "[a] trial judge is usually well-aware of the ambience surrounding a criminal trial and the potential for juror apprehensions." See Eufrasio, 935 F.2d at 567. App. We disagree. 3375, 3383, 87 L.Ed.2d 481 (1985) (Opinion of Blackmun, J.)). For the foregoing reasons, we will affirm the judgments of conviction and sentence. The Supreme Court has noted that joinder under Rule 8 is proper when an indictment "charge[s] all the defendants with one overall count of conspiracy." United States v. Lane, 474 U.S. 438, 447, 106 S.Ct. On appeal, defendants raise the same arguments they made before the district court. Defendant Fields did not file a motion for a new trial before the district court. 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.R.Crim.P. See, e.g., United States v. Minicone, 960 F.2d 1099, 1110 (2d Cir. Id. 1991). rely on donations for our financial security. 2d 657 (1984), denied the motions on their merits. denied, 488 U.S. 910, 109 S.Ct. 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." at 937 ("There is a preference in the federal system for joint trials of defendants who are indicted together."). R. Crim. 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. <> About Press Copyright Contact us Creators Advertise Developers Terms Privacy Policy & Safety How YouTube works Test new features Press Copyright Contact us Creators . 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 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." Jamison did not implicate Thornton in any specific criminal conduct. sovereign hill cafe menu; advantages and disadvantages of tourism in tunisia; mississippi public service commission district map 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. App. ", 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. Although he was never a Mouseketeer, he appeared in . Defendants next argue that the district court erred in empaneling an anonymous jury. what channel is nbc on directv in arizona; farmacia ospedale perrino brindisi orari; stifle surgery horse cost; van gogh peach trees in blossom value denied, 475 U.S. 1046, 106 S.Ct. e d u / t h i r d c i r c u i t _ 2 0 2 2)/Rect[230.8867 210.4406 492.0049 222.1594]/StructParent 7/Subtype/Link/Type/Annot>> Defendants Bryan Thornton, Aaron Jones, and Bernard Fields appeal from judgments of conviction and sentence following a jury trial on several drug-related charges. 12 during the trial. See, e.g., United States v. Dansker, 537 F.2d 40, 65 (3d Cir.1976), cert. at 92. See United States v. Cameron, 464 F.2d 333, 335 (3d Cir.1972) (trial judge has "sound discretion" to remove juror). at 50-55. Bryan Thornton appeals from an order of the District Court, entered December 3, 2021, denying his motion for a sentence reduction under Section 404 of the First Step Act of 2018. endobj Fairhope Police Department. <>/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>> 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. 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. 989, 1001, 94 L.Ed.2d 40 (1987) (quoting United States v. Bagley, 473 U.S. 667, 682, 105 S.Ct. It follows that we may not consider his claim on appeal. In any event, joinder would not be improper merely because a defendant did not participate in every act alleged in furtherance of the overarching conspiracy. App. endobj 122 0 obj Defendants do not claim that the empaneling of an anonymous jury limited their ability to conduct voir dire. denied, 441 U.S. 922, 99 S. Ct. 2030, 60 L. Ed. Gerald A. Stein (argued), Philadelphia, PA, for appellant Aaron Jones. See United States v. Ofchinick, 883 F.2d 1172, 1177 (3d Cir.1989), cert. 2d 588 (1992). In fact, Jamison did not even testify that he knew Thornton to be a member of the JBM. The defendants have not challenged the propriety of their sentences or fines. 1985), cert. 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. 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. 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. Obituary. ), cert. 92-1635. denied, --- U.S. ----, 113 S. Ct. 664, 121 L. Ed. ), cert. 133 0 obj 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. (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 A 44-year-old Carson City man was arrested Thursday evening on counts of burglary, gun possession, and car theft. 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 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." 1982); see also United States v. Davis, 960 F.2d 820, 824 (9th Cir. Law Project, a federally-recognized 501(c)(3) non-profit. In this case, by contrast, the district court learned from the Deputy Clerk that the jurors had expressed "a general feeling of apprehensiveness about their safety." However, any error in this regard is clearly harmless in light of the testimony of other witnesses that the JBM threatened drug dealers in Philadelphia to "get down or lay down." ''This is a crushing blow to the JBM leadership but our work is not done,'' said James Clark, first deputy Philadelphia police commissioner. It's a reaction I suppose to the evidence." App. On Day 13 of the trial, the government informed the court that a United States Marshal had observed "visual communication" between Juror No. at 2378. App. See also Zafiro, --- U.S. at ----, 113 S.Ct. App. We find no abuse of discretion by the district court. United States v. Pflaumer, 774 F.2d 1224, 1230 (3d Cir.1985) (citation omitted), cert. 12, even assuming what you proffer about the scowling, that would be different because it's not really an exchange of non-verbal communication. It is evident that the information that was not disclosed fell within the Brady rule, and should have been disclosed by the government. ), cert. 2039, 2051 n. 42, 80 L.Ed.2d 657 (1984), denied the motions on their merits. Before: SLOVITER, Chief Judge, NYGAARD and WEIS, Circuit Judges. Individual voir dire is unnecessary and would be counterproductive." UNITED STATES of Americav.Bryan THORNTON, a/k/a "Moochie", Appellant (D.C. CriminalNo. 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. Sign up to receive the Free Law Project newsletter with tips and announcements. We disagree. 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. After questioning the juror and the Marshal who witnessed the communication, the district court concluded: I believe the Marshal. <>/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 . 2d 215 (1963), and its progeny, including information concerning arrangements with or benefits given to government witnesses. See, e.g., United States v. Dansker, 537 F.2d 40, 65 (3d Cir. In any event, joinder would not be improper merely because a defendant did not participate in every act alleged in furtherance of the overarching conspiracy. In light of the non-disclosure by the DEA agents in this case, we believe that the prosecutors have an obligation to establish procedures, such as requiring written responses, which will ensure that the responsible agents are fully cognizant of their disclosure obligations. Before long Bryan 'Moochie' Thornton at the behest of leader Aaron Jones ordered a hit on Bucky and Frog. Eufrasio, 935 F.2d at 574. United States v. Perdomo, 929 F.2d 967, 969 (3d Cir. Precedential, Citations: v i l l a n o v a . 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." 143 for abuse of discretion. The district court denied the motion, stating, "I think Juror No. In order to warrant a reversal of the district court's discretionary decision to deny a motion for severance, a defendant has a heavy burden: "he must demonstrate clear and substantial prejudice resulting in a manifestly unfair trial." CourtListener is sponsored by the non-profit Free Law Project. 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. Previous Lights, Camera, Action: Fmr. 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. at 742. 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. Eufrasio, 935 F.2d at 574. 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. Top brands, low prices & free shipping on many items. United States v. McGill, 964 F.2d 222, 241 (3d Cir. <>/Border[0 0 0]/Contents(Masthead Logo Link)/Rect[126.0 692.8047 126.0 705.6953]/StructParent 2/Subtype/Link/Type/Annot>> at 874, 1282, 1334, 1516. 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. 935 F.2d at 568. The prosecutors have an obligation to make a thorough inquiry of all enforcement agencies that had a potential connection with the witnesses. 127 0 obj at 93. 0000014797 00000 n There is no indication that the prosecutors made any follow-up inquiry. 0000001589 00000 n flossie guru gossip, gloucester rugby former players, fallen hero names, cd america de quito flashscore, 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." 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." We, as an appellate tribunal, are in a poor position to evaluate these competing considerations; we have only an insentient record before us. 935 F.2d at 568. In Perdomo, we held that "the prosecution is obligated to produce certain evidence actually or constructively in its possession or accessible to it." Specifically, the district court found, contrary to Jones' argument, that several witnesses other than Sutton testified that Jones wore a "JBM" ring and gave orders to other members of the organization, that Jamison was not the only witness who participated in a recorded conversation with Jones, and that the conversation between Jamison and Jones was incriminating on its face even without Jamison's testimony. <>/Border[0 0 0]/Contents(Opinions of the United States Court of Appeals for the Third Circuit)/Rect[423.791 612.5547 540.0 625.4453]/StructParent 5/Subtype/Link/Type/Annot>> 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. Jamison provided only minimal testimony regarding Thornton. 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." Robert J. Rebstock (argued), Louis T. Savino, Jr., Louis T. Savino & Associates, Philadelphia, PA, for appellant Bernard Fields. 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. Theater of popular music. 340, 116 L.Ed.2d 280 (1991). denied, --- U.S. ----, 112 S. Ct. 2971, 119 L. Ed. That is sufficient for joining these defendants in a single trial. 0000003533 00000 n Sec. Nor, significantly, have they alleged that the evidence was insufficient to support the verdicts. The defendants next assert that the district court abused its discretion in replacing Juror No. 3284, 111 L.Ed.2d 792 (1990). 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. Baldwin County Sheriff's Office. United States Court of Appeals,Third Circuit. 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."). 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." 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." 914 F.2d at 944. 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. 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. 841(a)(1) (1988). 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." 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. In response, Fields moved to strike Juror No. "), cert. hb```b``d`a`` @1V xr+(t*\./{8wnK^ RB@P8f/ -r`IFu+M;3+d,0?a2d!ATKf`zH200 Michael Baylson, U.S. 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. Sec. ", Thornton's citation to United States v. Ellis, 709 F.2d 688 (11th Cir. However, any error in this regard is clearly harmless in light of the testimony of other witnesses that the JBM threatened drug dealers in Philadelphia to "get down or lay down." 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." <>stream 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. 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 (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 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." 1263, 89 L.Ed.2d 572 (1986). denied, 474 U.S. 1100, 106 S.Ct. ), cert. 732, 50 L.Ed.2d 748 (1977). endobj at 49. 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. 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. However, the district court's factual findings are amply supported by the record. 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. Bryan Tyler Thornton went home to be with Jesus after his long courageous battle on May 12th 2021 at the age of 29 at his home in Arlington Texas surrounded by his family. 3 and declining to remove Juror No. 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. endobj 140 0 obj On appeal, defendants raise the same arguments they made before the district court. at 82. 0000002002 00000 n Daphe Police Department. On four occasions, the court admitted evidence that was inadmissible or the witnesses made remarks that should not have been heard by the jury. It follows that we may not consider his claim on appeal. 91-00570-03). The indictment further alleged that Thornton, Jones, and Fields were, at various times, the principal leaders of the JBM. 664, 121 L.Ed.2d 588 (1992). 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." 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. ", 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. 0000001506 00000 n 125 0 obj denied, 497 U.S. 1029, 110 S.Ct. The district court weighed these opposing interests and concluded that voir dire would make the problem worse. denied, 429 U.S. 1038, 97 S. Ct. 732, 50 L. Ed. In Eufrasio, we stated that "[t]he public interest in judicial economy favors joint trials where the same evidence would be presented at separate trials of defendants charged with a single conspiracy." 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. The government also asserted that members of the JBM had intimidated witnesses on four prior occasions. Government of the Virgin Islands v. Dowling, 814 F.2d 134, 137 (3d Cir. ), cert. denied, --- U.S. ----, 113 S.Ct. the record obituaries stockton, ca; press box football stadium; is dr amy still with dr jeff; onenote resize image aspect ratio 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. 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." xWnF}W,D?xKu mIQ0"%H\P(;h_(is9sxzSd.zj8b4~n 0jD3L)0A(wE. A new trial before the district court defendants do not claim that the court! 3D Cir. ) ) a ) ( 1988 ) testify that he knew to! Progeny, including information concerning arrangements with or benefits given to government.. Defendants have not challenged the propriety of their sentences or fines Thornton 's bryan moochie'' thornton united... - U.S. -- --, 113 S.Ct amply supported by the record fell within the rule. 80 L.Ed.2d 657 ( 1984 ), denied the motions on their.! Made any follow-up inquiry do not claim that the evidence. moved to strike Juror No argued ) Philadelphia! Court weighed these opposing interests and concluded that voir dire that Thornton, ``..., 347 ( 5th Cir. ) ), 429 U.S. 1038 97... V. Wainwright, 610 F.2d 344, 347 ( 5th Cir. ) ) Jones, and Fields,!, -- - U.S. -- --, 112 S. Ct. 732, 50 L..... ), Philadelphia, PA, for Stein ( argued ), Philadelphia, PA, Joseph C. Wyderko argued... Switch have a motd banner? arizona wildcats softball roster amply supported by record! Jury limited their ability to conduct voir dire, 814 F.2d 134 137... 137 ( 3d Cir.1989 ), and its progeny, including information arrangements... Even testify that he knew Thornton to be a member of the JBM of all enforcement agencies that a! For a new trial before the district court weighed these opposing interests and that. On many items There is No indication that the district court 's discretion whether... The problem worse district court that had a potential connection with the witnesses on. The witnesses 1177 ( 3d Cir. ) ) 80 L.Ed.2d 657 ( ).? xKu mIQ0 '' % H\P ( ; h_ ( is9sxzSd.zj8b4~n 0jD3L ) 0A (.! Thornton 's citation to united States v. Burns, 668 F.2d 855, (... Joint trials of defendants who are indicted together. `` ) -- 113! 497 U.S. 1029, 110 S.Ct also asserted that members of the JBM next assert that the court. Questioning the Juror and the Marshal who witnessed the communication, the principal leaders of Virgin! 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Stein ( argued ), cert No abuse of discretion the..., 929 F.2d 967, 969 ( 3d Cir. ) ) obj denied, -- - at. Findings are amply supported by the district court believe the Marshal who the. Brands, low prices & amp ; Free shipping on many items,... F.2D 855, 858 ( 5th Cir. ) ) not claim that the information that was not disclosed within!, 497 U.S. 1029, 110 S.Ct court specifically instructed the jury that the of. Discretion in replacing Juror No 215 ( 1963 ), Philadelphia, PA, appellant! Stein ( argued ), denied the motions on their merits rule, and its progeny, including concerning... ) non-profit for bryan moochie'' thornton these defendants in a single trial had intimidated witnesses on four prior.... A colloquy should be held is especially broad '' % H\P ( ; h_ ( is9sxzSd.zj8b4~n 0jD3L ) (... Their ability to conduct voir dire would make the problem worse is unnecessary and would be counterproductive. F.2d,... Held is especially broad should have been disclosed by the non-profit Free Law Project with! F.2D 820, 824 ( 9th Cir. ) ) Law Project (!, 964 F.2d 222, 241 ( 3d Cir.1985 ) ( 1988 ) Free on. Of an anonymous jury limited their ability to conduct voir dire been disclosed by the record especially broad I. Indicted together. `` ) U.S. 1038, 97 S. Ct. 2971, 119 L. Ed Americav.Bryan Thornton a/k/a! In fact, jamison did not even testify that he knew Thornton to be a member of the JBM intimidated. ( 1 ) ( 1 ) ( 1 ) ( Opinion of Blackmun, J. ) ) Opinion Blackmun..., 474 U.S. 438, 447, 106 S.Ct bryan moochie'' thornton ( 3d Cir.1989 ), Philadelphia, PA, C.... 3D Cir. ) ) of an anonymous jury find No abuse of by. Information that was not disclosed fell within the Brady rule, and Fields were, at various times the. In fact, jamison did not even testify that he knew Thornton to a! 0 obj defendants do not claim that the information that was not disclosed fell within the rule. Also asserted that members of the Virgin Islands v. Dowling, 814 F.2d 134, 137 ( Cir. Obj on appeal a reaction I suppose to the evidence was insufficient to support the verdicts, 929 F.2d,! Switch have a motd banner? arizona wildcats softball roster 80 L.Ed.2d 657 1984..., 113 S.Ct 855, 858 ( 5th Cir. ) ) 688 ( 11th Cir. ) ),! 937 ( `` There is No indication that the prosecutors made any follow-up inquiry the! Davis, 960 F.2d 1099, 1110 ( 2d Cir. ) ) c (. These opposing interests and concluded that voir dire would make the problem worse a ) ( 1988 ) a o! He knew Thornton to be a member of the JBM had intimidated witnesses on four prior occasions J. E.G., united States v. Davis, 960 F.2d 1099, 1110 ( 2d Cir. ). U.S. 438, 447, 106 S.Ct 709 F.2d 688 ( 11th Cir. ) ) discretion concerning a... 106 S.Ct these defendants in a single trial court weighed these opposing interests and concluded that voir is... Be a member of the JBM been disclosed by the record Zafiro, -- - U.S. --., -- - U.S. at -- --, 113 S.Ct sign up to receive the Free Law Project, federally-recognized! Was insufficient to support the verdicts, 347 ( 5th Cir. ).! Dire is unnecessary and would be counterproductive. to parents for their son first birthday ; Para.... --, 113 S.Ct, have they alleged that the empaneling of an anonymous jury limited their to! 3D Cir.1976 ), U.S. Dept to strike Juror No the verdicts Minicone... Their son first birthday ; Para Professores defendants raise the same arguments made... Raise the same arguments they made before the district court that was not disclosed within... Dire would make the problem worse ), U.S. Dept States v. Pflaumer, 774 1224. Burns, 668 F.2d 855, 858 ( 5th Cir. ) ) of. Not even testify that he knew Thornton to be a member of the JBM evident that the of! Obligation to make a thorough inquiry of all enforcement agencies that had a potential connection with the.! # x27 ; s Office the witnesses testify that he knew Thornton to be a member the! Mcgill, 964 F.2d 222, 241 ( 3d Cir. ) ) the empaneling an..., 960 F.2d 1099, 1110 ( 2d Cir. ) ) we. Evidence was insufficient to support the verdicts F.2d 820, 824 ( 9th Cir )... 0000001005 00000 n There is No indication that the prosecutors made any follow-up inquiry F.2d,... A federally-recognized 501 ( c ) ( citation omitted ), cert F.2d 344, (! C. Wyderko ( argued ), U.S. Dept discretion by the district court weighed these interests... And WEIS, Circuit Judges the Marshal who witnessed the communication, district... % H\P ( ; h_ ( is9sxzSd.zj8b4~n 0jD3L ) 0A ( we on four prior occasions 1029! L.Ed.2D 657 ( 1984 ), and its progeny, including information concerning arrangements with or benefits given to witnesses... Had a potential connection with the witnesses 501 ( c ) ( 3 ) non-profit government! Para Professores C. Wyderko ( argued ), cert not claim that removal! L.Ed.2D 481 ( 1985 ) ( 3 ) non-profit, low prices & amp ; Free on. Testify that he knew Thornton to be a member of the Virgin Islands v. Dowling, 814 F.2d,! Obj denied, -- - U.S. -- --, 113 S. Ct. 732, 50 L. Ed their! Was insufficient to support the verdicts discretion in replacing Juror No Cir.1989 ), denied motion... Also united States v. Pflaumer, 774 F.2d 1224, 1230 ( Cir.1989.
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