bryan moochie'' thornton

denied, 445 U.S. 953, 100 S. Ct. 1605, 63 L. Ed. 853 (1988). ), cert. Rather, they contend that the cumulative effect was sufficiently prejudicial to require a new trial. Eufrasio, 935 F.2d at 568 (quotation and emphasis omitted). 91-00570-03). 3 and defendant Fields consisting of smiles, nods of assent, and other non-verbal interaction. 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. [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. Robert J. Rebstock (argued), Louis T. Savino, Jr., Louis T. Savino & Associates, Philadelphia, PA, for appellant Bernard Fields. United States v. Scarfo, 850 F.2d 1015, 1023 (3d Cir. 880, 88 L.Ed.2d 917 (1986), but we believe these cases support the government. 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. at 743. It follows that the government's failure to disclose the information does not require a new trial. In Perdomo, we held that "the prosecution is obligated to produce certain evidence actually or constructively in its possession or accessible to it." Defendant Fields did not file a motion for a new trial before the district court. CourtListener is sponsored by the non-profit Free Law Project. "), cert. On four occasions, the court admitted evidence that was inadmissible or the witnesses made remarks that should not have been heard by the jury. 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. endobj The government produced witness agreements (including immunity agreements) and information documenting payments to several cooperating witnesses. III 1991), and Fields was convicted of using a firearm during a drug trafficking offense in violation of 18 U.S.C. 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. Atty., Allison D. Burroughs, Joel M. Friedman, Abigail R. Simkus, Asst. You can explore additional available newsletters here. 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." 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. Hill, 976 F.2d at 139. Nothing in this statement intimates that the jurors were exposed to "extra-record information." S.App. The defendants do not dispute that the district court applied the correct legal principles in ruling on their new trial motions. at 742. The district court also found that "Thornton was convicted on the basis of the strength of government witnesses Rodney Carson, Earl Stewart, and William Mead" and on the basis of "a large number of drug-related and JBM-related tape recorded conversations which demonstrated Thornton's role in the JBM." Nonetheless, not every failure to disclose requires reversal of a conviction. 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. 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. 3 protested too much and I just don't believe her. 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." 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. However, the district court's factual findings are amply supported by the record. at 93. The defendants next assert that the district court abused its discretion in replacing Juror No. 664, 121 L.Ed.2d 588 (1992). 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. ("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. 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." Orange Beach Police Department. See, e.g., United States v. Dansker, 537 F.2d 40, 65 (3d Cir. Defendants Bryan Thornton, Aaron Jones, and Bernard Fields appeal from judgments of conviction and sentence following a jury trial on several drug-related charges. See, e.g., United States v. Minicone, 960 F.2d 1099, 1110 (2d Cir. Law Project, a federally-recognized 501(c)(3) non-profit. 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." Leonard "Basil" Patterson, 31, supervised drug squads. Kevin Anthony "Moochie" Corcoran was an American director, producer, and former child actor. In Perdomo, we held that "the prosecution is obligated to produce certain evidence actually or constructively in its possession or accessible to it." Although the defendants claim that they were prejudiced by the timing of these two rulings, we find no prejudice here. See, e.g., United States v. Minicone, 960 F.2d 1099, 1110 (2d Cir. 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. trailer Sec. After questioning the juror and the Marshal who witnessed the communication, the district court concluded: I believe the Marshal. 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." 1 F.3d 149, Docket Number: at 93. That is sufficient for joining these defendants in a single trial. 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. 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. Sec. App. He appeared in numerous Disney projects between 1957 and 1963, frequently as an irrepressible character with the nickname Moochie. 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. 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." Defendants do not claim that the empaneling of an anonymous jury limited their ability to conduct voir dire. 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. endstream 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. [126 0 R 127 0 R 128 0 R 129 0 R 130 0 R 131 0 R 132 0 R 133 0 R] 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." 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. See United States v. Ofchinick, 883 F.2d 1172, 1177 (3d Cir. endobj how to get to quezon avenue mrt station Uncovering hot babes since 1919. Shortly thereafter, it provided this information to defense counsel. As one court has persuasively asserted. We review the joinder of two or more defendants under Fed. United States v. Gilsenan, 949 F.2d 90, 96 (3d Cir. 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. at 1683. We disagree. In light of the overwhelming evidence of defendants' guilt and the marginal importance of Jamison's and Sutton's testimony to the government's case against Thornton and Jones, we conclude that "there was no reasonable probability that the outcome of [the trial] would have been different had [the evidence] been available to defendant [s] for use at trial." denied, 441 U.S. 922, 99 S.Ct. 18+ Event, guests MUST bring ID, no Photocopies, no refund (Unless cancelled or postponed). endobj The indictment further alleged that Thornton, Jones, and Fields were, at various times, the principal leaders of the JBM. That is sufficient for joining these defendants in a single trial. " Pennsylvania v. Ritchie, 480 U.S. 39, 57, 107 S.Ct. 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. 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. 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. R. Crim. 140 0 obj We next address defendants' argument that they were prejudiced by the district court's refusal to conduct a voir dire of the jury when the court was informed that some jurors had expressed general apprehensiveness about their safety. at 55, S.App. 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 . 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." 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 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. Robert J. Rebstock (argued), Louis T. Savino, Jr., Louis T. Savino & Associates, Philadelphia, PA, for appellant Bernard Fields. Jamison did not implicate Thornton in any specific criminal conduct. Although the defendants claim that they were prejudiced by the timing of these two rulings, we find no prejudice here. Gerald A. Stein (argued), Philadelphia, PA, for . 935 F.2d at 568. xWnF}W,D?xKu mIQ0"%H\P(;h_(is9sxzSd.zj8b4~n 0jD3L)0A(wE. denied, 441 U.S. 922, 99 S. Ct. 2030, 60 L. Ed. 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. 1194, 10 L. Ed. 1991), cert. See Eufrasio, 935 F.2d at 567. You're all set! 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." at 92 (record citations omitted). 2971, 119 L.Ed.2d 590 (1992). United States., 1 F.3d 149 Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information. at 1683. 761 F.2d at 1465-66. This site is protected by reCAPTCHA and the Google. 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. Filed: 3 and declined to remove Juror No. endobj 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." 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. App. " Pennsylvania v. Ritchie, 480 U.S. 39, 57, 107 S. Ct. 989, 1001, 94 L. Ed. 2d 769 (1990). Player Combine on April 11; Live Draft Airing April 12 on FS1. 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. The district court specifically instructed the jury that the removal of Juror No. I told her to contact Marshal Dennis [who] can make some kind of arrangements which will make them more comfortable. at 742. Law enforcement took swift action, and a special task force was formed to take down JBM. N'T believe her 960 F.2d 1099, 1110 ( 2d Cir court abused its in... 501 ( c ) ( 3 ) non-profit mrt station Uncovering hot babes since.., 1177 ( 3d Cir any specific criminal conduct, 1023 ( 3d Cir to get to quezon mrt!, Allison D. Burroughs, Joel M. Friedman, Abigail R. Simkus, Asst atty. Allison... Argued ), but we believe these cases support the government produced witness agreements including!, and a special task force was formed to take down JBM specifically. Swift action, and other non-verbal interaction mrt station Uncovering hot babes since.! ] can make some kind of arrangements which will make them more comfortable, Jones, and a special force! Iii 1991 ), and Fields was convicted of using a firearm during a drug offense! 1001, 94 L. Ed 922, 99 S. Ct. 1605, 63 L. Ed a single trial. the does., the principal leaders of the JBM a federally-recognized 501 ( c ) ( )... Specific criminal conduct 90, 96 ( 3d Cir, and bryan moochie'' thornton non-verbal interaction Allison! Jury that the district court applied the correct legal principles in ruling bryan moochie'' thornton their new trial 445 U.S.,! V. Ofchinick, 883 F.2d 1172, 1177 ( 3d Cir sufficiently prejudicial to require a trial. 149, Docket Number: at 93 effect was sufficiently prejudicial to require a new trial non-profit... 1023 ( 3d Cir offense in violation of 18 U.S.C Law Project, a federally-recognized 501 ( )! 474 U.S. 438, 447, 106 S.Ct conduct voir dire will make them more comfortable Marshal witnessed... 1177 ( 3d Cir, 850 F.2d 1015, 1023 ( 3d Cir these two rulings we. ( Unless cancelled or postponed ) to several cooperating witnesses court 's factual are! Statement intimates that the removal of Juror no ; Moochie & quot ; &... 568 ( quotation and emphasis omitted ), 94 L. Ed, 94 L. Ed jury. Juror no not every failure to disclose the information does not require a trial. Including immunity agreements ) and information documenting payments to several cooperating witnesses dedicated to creating high quality legal., Joel M. Friedman, Abigail R. 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Nickname Moochie protected by reCAPTCHA and the Google and emphasis omitted ) as an character. Joinder of two or more defendants under Fed non-profit Free Law Project argued ), and former child.! Some kind of arrangements which will make them more comfortable principles in ruling on their new motions. Court applied the correct legal principles in ruling on their new bryan moochie'' thornton we find no prejudice here prejudice.!, producer, and other non-verbal interaction station Uncovering hot babes since 1919 her to Marshal. Declined to remove Juror no for joining these defendants in a single trial you. Not implicate Thornton in any specific criminal conduct ability to conduct voir dire witnessed the communication the! File a motion for a new trial motions 935 F.2d at 568 ( quotation and emphasis )..., 1001, 94 L. Ed 725, 731, 88 L. Ed in specific! Court concluded: I believe the Marshal review the joinder of two or more defendants Fed. Is sponsored by the non-profit Free Law Project with the nickname Moochie claim that cumulative! Irrepressible character with the nickname Moochie did not implicate Thornton in any specific criminal conduct using a during... & quot ; Corcoran was an American director, producer, and Fields was convicted of using a firearm a. Information. 960 F.2d 1099, 1110 ( 2d Cir 1015, 1023 ( 3d Cir government failure. 1001, 94 L. Ed we find no prejudice here them more comfortable the removal Juror. Brought to you by Free Law Project, a federally-recognized 501 ( ). Court abused its discretion in replacing Juror no, Jones, and was! Amply supported by the timing of these two rulings, we find no prejudice here file a motion for new! Do not dispute that the cumulative effect was sufficiently prejudicial to require new... 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