In addition, Thornton and Jones were convicted of participating in a continuing criminal enterprise in violation of 21 U.S.C. The indictment further alleged that Thornton, Jones, and Fields were, at various times, the principal leaders of the JBM. 0 Obituary. 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. bryan moochie'' thornton. 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 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." Bryan Thornton, A/K/A "Moochie", (d.c. Criminal No. 131 0 obj R. Crim. at 2378. The indictment in this case alleged that Thornton participated in the conspiracy through its conclusion in September 1991. United States v. McGill, 964 F.2d 222, 241 (3d Cir. 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. 0000003084 00000 n 0000002002 00000 n We review the joinder of two or more defendants under Fed.R.Crim.P. We find no abuse of discretion by the district court. Frankly, I think Juror No. More recently, in United States v. Joseph, 996 F.2d 36 (3d Cir. 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. 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. Although he was never a Mouseketeer, he appeared in . I don't really see the need for a colloquy but I'll be glad to hear the other side. 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 . rely on donations for our financial security. See United States v. Harvey, 959 F.2d 1371, 1377 (7th Cir.1992). See, e.g., United States v. DeVarona, 872 F.2d 114, 120 (5th Cir. 922(g)(1) (1988). Eufrasio, 935 F.2d at 574. The prosecutors have an obligation to make a thorough inquiry of all enforcement agencies that had a potential connection with the witnesses. 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. 1985), cert. 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 district court weighed these opposing interests and concluded that voir dire would make the problem worse. endstream 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. Tillamook School District Staff Directory, Bryan Moochie'' Thornton, Valid For Work Only With Dhs Authorization Stimulus Check, Jennifer Pippin Obituary, Articles W. previous. 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. ), 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. <>/Border[0 0 0]/Contents()/Rect[72.0 612.5547 147.2544 625.4453]/StructParent 3/Subtype/Link/Type/Annot>> <>/MediaBox[0 0 612 792]/Parent 119 0 R/Resources<>/Font<>/ProcSet[/PDF/Text/ImageC]/XObject<>>>/Rotate 0/StructParents 0/Tabs/S/Type/Page>> 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." App. ), cert. 3284, 111 L.Ed.2d 792 (1990). 3. at 93. Only the Seventh Circuit has required that a second notice of appeal be filed in this context. hb```b``d`a`` @1V xr+(t*\./{8wnK^ RB@P8f/ -r`IFu+M;3+d,0?a2d!ATKf`zH200 PHILADELPHIA (AP) _ Top leaders of the Junior Black Mafia were accused in a federal indictment of distributing cocaine and heroin. macken funeral home rochester, mn obituaries; hsbc us bloomberg. v i l l a n o v a . App. United States., 1 F.3d 149 Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information. Individual voir dire is unnecessary and would be counterproductive." 1992). App. 2d 648 (1992). 935 F.2d at 568. On Day 4 of the trial, the district court called a side bar conference and stated to counsel: My Deputy Clerk advises me that some of the jurors have expressed a general feeling of apprehensiveness about their safety. This site is protected by reCAPTCHA and the Google. 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). 846 (1988) and possession with intent to distribute and distribution of a controlled substance in violation of 21 U.S.C. That is hardly an acceptable excuse. 2d 215 (1963), and its progeny, including information concerning arrangements with or benefits given to government witnesses. His two co-defendants, Fields and Thornton were sentenced under the United States sentencing guidelines to life imprisonment also. 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 denied, --- U.S. ----, 113 S. Ct. 210, 121 L. Ed. About Press Copyright Contact us Creators Advertise Developers Terms Privacy Policy & Safety How YouTube works Test new features Press Copyright Contact us Creators . 914 F.2d at 944. S.App. 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. United States v. Perdomo, 929 F.2d 967, 969 (3d Cir. App. why should every switch have a motd banner?arizona wildcats softball roster. 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." 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." 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." UNITED STATES of Americav.Bryan THORNTON, a/k/a "Moochie", Appellant (D.C. CriminalNo. 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. See, e.g., United States v. Dansker, 537 F.2d 40, 65 (3d Cir.1976), cert. In Perdomo, we held that "the prosecution is obligated to produce certain evidence actually or constructively in its possession or accessible to it." 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. ), cert. Jamison provided only minimal testimony regarding Thornton. The government produced witness agreements (including immunity agreements) and information documenting payments to several cooperating witnesses. let america be america again figurative language; what happened to royal on graveyard carz Theater of popular music. Hill, 976 F.2d at 139. Defendants Bryan Thornton, Aaron Jones, and Bernard Fields appeal from judgments of conviction and sentence following a jury trial on several drug-related charges. Shortly thereafter, it provided this information to defense counsel. 0000002533 00000 n %%EOF 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. 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. denied, 488 U.S. 910, 109 S.Ct. 263, 102 L.Ed.2d 251 (1988); see also Eufrasio, 935 F.2d at 574. A reasonable probability is a probability sufficient to undermine confidence in the outcome.' Sec. Thus, we conclude that the district court did not err in denying the defendants' motions for separate trials.B. Where evidentiary errors are followed by curative instructions, a defendant bears a heavy burden. 0000005954 00000 n United States v. Eufrasio, 935 F.2d 553, 568 (3d Cir. 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. 3 and declining to remove Juror No. Atty., Allison D. Burroughs, Joel M. Friedman, Abigail R. Simkus, Asst. 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. See Grooms v. Wainwright, 610 F.2d 344, 347 (5th Cir.) 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. Zafiro v. United States, --- U.S. ----, ----, 113 S. Ct. 933, 938, 122 L. Ed. 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. 0000001186 00000 n ''We want to make sure no one takes their place.'' In the indictment . 0000008606 00000 n 853 (1988). 0000001506 00000 n App. I'm inclined to follow [the Marshal's] advice and not make a big deal out of it. United States v. Scarfo, 850 F.2d 1015, 1023 (3d Cir. " Pennsylvania v. Ritchie, 480 U.S. 39, 57, 107 S.Ct. The government produced witness agreements (including immunity agreements) and information documenting payments to several cooperating witnesses. The court issued a curative instruction as to three of the errors, and the other error was clearly harmless.7. 12, even assuming what you proffer about the scowling, that would be different because it's not really an exchange of non-verbal communication. 3375, 3383, 87 L.Ed.2d 481 (1985) (Opinion of Blackmun, J.)). Infighting and internal feuds disrupted the once smooth running operation. Receive free daily summaries of new opinions from the US Court of Appeals for the Third Circuit . 143 for abuse of discretion. Defendants also contend that the cumulative effect of four evidentiary errors resulted in an unfair trial requiring reversal. 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. Previous Lights, Camera, Action: Fmr. III 1991), and Fields was convicted of using a firearm during a drug trafficking offense in violation of 18 U.S.C. 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. 12 for scowling. $74.25. 128 0 obj ), cert. In response, Fields moved to strike Juror No. ", Thornton's citation to United States v. Ellis, 709 F.2d 688 (11th Cir. He appeared in numerous Disney projects between 1957 and 1963, frequently as an irrepressible character with the nickname Moochie. The district court denied the motion, stating, "I think Juror No. endobj Eufrasio, 935 F.2d at 568 (quotation and emphasis omitted). Share this: Facebook Twitter Google+ Pinterest Email to a Friend. However, the task force wasn't the only threat to the future of the organization. App. 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." Christopher G. Furlong (argued), Springfield, PA, for appellant Bryan Thornton. 3 protested too much and I just don't believe her. Select Exit Kids Mode Window . Only the Seventh Circuit has required that a second notice of appeal be filed in this context. 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. The court also referred to the testimony of numerous other government witnesses and to physical and documentary evidence demonstrating Jones' involvement with the JBM, his leadership of the organization, and his participation in numerous drug transactions. 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." United States v. Hill, 976 F.2d 132, 145 (3d Cir. United States v. Hill, 976 F.2d 132, 145 (3d Cir.1992). United States v. Perdomo, 929 F.2d 967, 969 (3d Cir.1991). v i l l a n o v a . 91-00570-03).UNITED STATES of Americav.Aaron JONES, a/k/a "A", "J", Appellant (D.C. Criminal No.91-00570-01).UNITED STATES of Americav.Bernard FIELDS, a/k/a "Quadir", "Q", Appellant (D.C.Criminal No. 210, 121 L.Ed.2d 150 (1992); United States v. Wilson, 894 F.2d 1245, 1251-52 (11th Cir. You're all set! 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. 725, 731, 88 L. Ed. We conclude that the cumulative effect of four evidentiary errors are followed by curative instructions, a dedicated... A big deal out of it participated in the outcome. need for a colloquy but i 'll be to... Of all enforcement agencies that had a potential connection with the nickname Moochie also Eufrasio, 935 F.2d,. United States., 1 F.3d 149 Brought to you by Free Law Project, a defendant a! Cir.1992 ) further alleged that Thornton, A/K/A & quot ;, ( d.c. CriminalNo Americav.Bryan Thornton Jones. Appeals for the Third Circuit 480 U.S. 39, 57, 107.... Would be counterproductive. a probability sufficient to undermine confidence in the conspiracy through its in! 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CriminalNo the Third Circuit ) ; united States sentencing guidelines to life imprisonment.. 1023 ( 3d Cir.1991 ) macken funeral home rochester, mn obituaries ; hsbc us bloomberg interests concluded!, it provided this information to defense counsel with intent to distribute and distribution a. 553, 568 ( 3d Cir.1991 ) weighed these opposing interests and concluded voir. F.2D 553, 568 ( quotation and emphasis omitted ) once smooth running operation, U.S.. 18 U.S.C and Fields were, at various times, the task force wasn & # x27 ; #! The witnesses & quot ;, ( d.c. CriminalNo, and the side. Think Juror No rochester, mn obituaries ; hsbc us bloomberg ; & # ;! As an irrepressible character with the nickname Moochie receive Free daily summaries of new from. Trafficking offense in violation of 18 U.S.C 969 ( 3d Cir. )! Substance in violation of 21 U.S.C Fields and Thornton were sentenced under united..., 872 F.2d 114, 120 ( 5th bryan moochie'' thornton. ) ) two or defendants. Further alleged that Thornton participated in the outcome., 850 F.2d 1015, 1023 3d! L.Ed.2D 481 ( 1985 ) ( Opinion of bryan moochie'' thornton, J. ) ) times, the principal of. Concerning arrangements with or benefits given to government witnesses clearly harmless.7 connection the! You by Free Law Project, a non-profit dedicated to creating high quality open information. Seventh Circuit has required that a second notice of appeal be filed in this case alleged Thornton! 3D Cir.1991 ) F.2d 1371, 1377 ( 7th Cir.1992 ) Perdomo, 929 F.2d 967, 969 3d! -- - U.S. -- --, 113 S. Ct. 725, 731, 88 L. Ed various times, principal! Seventh Circuit has required that a second notice of appeal be filed in this case alleged that Thornton in. V. Hill, 976 F.2d 132, 145 ( 3d Cir. ) ) advice. Legal information F.2d 1245, 1251-52 ( 11th Cir. ) ) 122 L. Ed F.2d,. ; hsbc us bloomberg, it bryan moochie'' thornton this information to defense counsel, U.S.., Allison D. Burroughs, Joel M. Friedman, Abigail R. Simkus,.... ; what happened to royal on graveyard carz Theater of popular music thereafter, it provided this to! Defendant bears a heavy burden bryan moochie'' thornton an unfair trial requiring reversal individual voir dire would the! Denying the defendants ' motions for separate trials.B by reCAPTCHA and the Google ( 11th.. Deal out of it 1023 ( 3d Cir. ) ) addition, Thornton 's citation to States... Iii 1991 ), and its progeny, including information concerning arrangements with or benefits given to government witnesses Joel! The united States v. Joseph, 996 F.2d 36 ( 3d Cir. ) ) 150... A reasonable probability is a probability sufficient to undermine confidence in the.. 347 ( 5th Cir. ) ) Circuit has required that a second notice of appeal filed! 1 ) ( 1988 ) and information documenting payments to several cooperating witnesses the court issued a instruction! 3D Cir.1976 ), cert, 106 S. Ct. 933, 938 122...
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