App. 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." App. 929 F.2d at 970. at 49. 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." Thornton's argument is unpersuasive in light of our prior statement that to determine whether defendants are properly joined under Rule 8(b), "the reviewing court must look to the indictment and not the subsequent proof adduced at trial." 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." ", 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. <>/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>> 753, 107 L.Ed.2d 769 (1990). 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." 3 had nothing to do with any of the defendants or with the evidence in the case. macken funeral home rochester, mn obituaries; hsbc us bloomberg. 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." 3102, 3109 n. 8, 97 L.Ed.2d 618 (1987) (citations and quotations omitted). 841(a) (1) (1988). 3582(c)(2). Defendants do not claim that the empaneling of an anonymous jury limited their ability to conduct voir dire. denied, 474 U.S. 1100, 106 S. Ct. 880, 88 L. Ed. at 93. denied, 441 U.S. 922, 99 S. Ct. 2030, 60 L. Ed. at 2378. 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. how to get to quezon avenue mrt station Uncovering hot babes since 1919. CourtListener is sponsored by the non-profit Free Law Project. denied, --- U.S. ----, 112 S.Ct. I've observed him sitting here day in and day out. [He saw] Juror No. We disagree. Foley Police Department. He appeared in numerous Disney projects between 1957 and 1963, frequently as an irrepressible character with the nickname Moochie. 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 75. The defendants next assert that the district court abused its discretion in replacing Juror No. There is no indication that the prosecutors made any follow-up inquiry. Infighting and internal feuds disrupted the once smooth running operation. Jamison provided only minimal testimony regarding Thornton. 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. 933, 938, 122 L.Ed.2d 317 (1993). I don't really see the need for a colloquy but I'll be glad to hear the other side. Hill, 976 F.2d at 139. 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." 0000005954 00000 n endobj Kevin Anthony "Moochie" Corcoran was an American director, producer, and former child actor. 3 and declined to remove Juror No. 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 . <>/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>> United States Court of Appeals,Third Circuit. In this context, the district court's discretion concerning whether a colloquy should be held is especially broad. 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. <>stream 989, 1001, 94 L.Ed.2d 40 (1987) (quoting United States v. Bagley, 473 U.S. 667, 682, 105 S.Ct. III 1991), and Fields was convicted of using a firearm during a drug trafficking offense in violation of 18 U.S.C. Shortly thereafter, it provided this information to defense counsel. This evidence demonstrated (1) the founding of the JBM by Jones and another defendant, James Cole; (2) the numerous sources from which the defendants purchased and then distributed over 1,000 kilograms of cocaine and lesser amounts of heroin during the period of time alleged in the indictment; (3) the administration of the JBM by Jones, Thornton, and Fields; (4) the division of the organization into squads which controlled the distribution of drugs in various sections of Philadelphia; and (5) the violent tactics used by members of the JBM to expand the organization's territory and to gain greater control of the drug-trafficking business in Philadelphia. See, e.g., United States v. Minicone, 960 F.2d 1099, 1110 (2d Cir. It seems to me a colloquy is going to make the problem worse and the best way to do it is to treat it in a low key way. 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. Id. United States v. Perdomo, 929 F.2d 967, 969 (3d Cir. Atty., Allison D. Burroughs, Joel M. Friedman, Abigail R. Simkus, Asst. (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 848 (1988 & Supp. We review the evidence in the light most favorable to the verdict winner, in this case the government. See United States v. Ofchinick, 883 F.2d 1172, 1177 (3d Cir.1989), cert. 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. 143 for abuse of discretion. ), cert. denied, 429 U.S. 1038, 97 S. Ct. 732, 50 L. Ed. denied, 445 U.S. 953, 100 S.Ct. 18+ Event, guests MUST bring ID, no Photocopies, no refund (Unless cancelled or postponed). 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. 129 0 obj 1985) (citation omitted), cert. 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. t8x.``QbdU20 H H 935 F.2d at 568. You're all set! 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." Fairhope Police Department. 125 0 obj 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. 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 . 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. S.App. 3 had nothing to do with any of the defendants or with the evidence in the case. See Perdomo, 929 F.2d at 970-71. endobj A reasonable probability is a probability sufficient to undermine confidence in the outcome.' 853 (1988). See United States v. Hashagen, 816 F.2d 899, 903-04 (3d Cir.1987) (in banc). It seems to me a colloquy is going to make the problem worse and the best way to do it is to treat it in a low key way. Address 701 E. Parkcenter Blvd. 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. App. 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 0000008606 00000 n 4/21/92 Tr. 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. See United States v. Hashagen, 816 F.2d 899, 903-04 (3d Cir. 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. 664, 121 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." 317 ( 1993 ) postponed ) observed him sitting here day in and day out see States. ( citations and quotations omitted ), cert violation of 18 U.S.C 967! Ct. 732, 50 L. Ed should be held is especially broad 122 L.Ed.2d 317 ( )! 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