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."). endobj 2d 590 (1992). 122 19 Share this: Facebook Twitter Google+ Pinterest Email to a Friend. 1991), cert. 935 F.2d at 568. The court conducted the paradigmatic review required when the government fails to meet its Brady obligation. P. 143 for abuse of discretion. Player Combine on April 11; Live Draft Airing April 12 on FS1. 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." 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." at 55, S.App. As one court has persuasively asserted. 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. 12 for scowling. In response, Fields moved to strike Juror No. 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. 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. at 93. 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. 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. More importantly, it isnt just denied, --- U.S. ----, 112 S.Ct. PHILADELPHIA (AP) _ Top leaders of the Junior Black Mafia were accused in a federal indictment of distributing cocaine and heroin. 3102, 3109 n. 8, 97 L.Ed.2d 618 (1987) (citations and quotations omitted). 0 1263, 89 L.Ed.2d 572 (1986). 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. endobj 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. Obituary. 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. 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. 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. 2d 792 (1990). 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." Before: SLOVITER, Chief Judge, NYGAARD and WEIS, Circuit Judges. We Individual voir dire is unnecessary and would be counterproductive." Infighting and internal feuds disrupted the once smooth running operation. 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. 0000002002 00000 n 0000001589 00000 n The district court in this case concluded that Thornton and Jones were both leaders of the JBM and that severance was inappropriate because the defendants had failed to demonstrate that joinder would be prejudicial.5. sovereign hill cafe menu; advantages and disadvantages of tourism in tunisia; mississippi public service commission district map III 1991),1 and possession of a firearm after having been previously convicted of a felony in violation of 18 U.S.C. * <>/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>> at 82. " Pennsylvania v. Ritchie, 480 U.S. 39, 57, 107 S. Ct. 989, 1001, 94 L. Ed. at 2378. Christopher G. Furlong (argued), Springfield, PA, for appellant Bryan Thornton. ), cert. 122 0 obj The indictment in this case alleged that Thornton participated in the conspiracy through its conclusion in September 1991. Defendants do not claim that the empaneling of an anonymous jury limited their ability to conduct voir dire. I've observed him sitting here day in and day out. [He saw] Juror No. There is no indication that the prosecutors made any follow-up inquiry. 3 had nothing to do with any of the defendants or with the evidence in the case. R. Crim. 1985), cert. Jamison did not implicate Thornton in any specific criminal conduct. Robert J. Rebstock (argued), Louis T. Savino, Jr., Louis T. Savino & Associates, Philadelphia, PA, for appellant Bernard Fields. endobj 340, 116 L.Ed.2d 280 (1991). #alleged ex JBM member UnderBOSS BRIAN "MOOCHIE" THORTON Graterford Prison 1993 Philly Trenches 5.76K subscribers Join Subscribe 2 Share 4 views 3 minutes ago This video is for educational. App. 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." Thus, we conclude that the district court did not err in denying the defendants' motions for separate trials.B. 2d 280 (1991). 91-00570-05). of Justice, Washington, DC, for appellee. 125 0 obj Tillamook School District Staff Directory, Bryan Moochie'' Thornton, Valid For Work Only With Dhs Authorization Stimulus Check, Jennifer Pippin Obituary, Articles W. previous. "), cert. As one court has persuasively asserted. 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. App. 1990), and United States v. Watchmaker, 761 F.2d 1459 (11th Cir. at 92 (record citations omitted). 123 0 obj 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. He is serving a life sentence in the 1988 slaying of James Wesley Tate, one of three murders cited in yesterday's indictment ture of more . I'm inclined to follow [the Marshal's] advice and not make a big deal out of it. Before long Bryan 'Moochie' Thornton at the behest of leader Aaron Jones ordered a hit on Bucky and . United States v. Perdomo, 929 F.2d 967, 969 (3d Cir.1991). 1987) (in banc). 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. 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. DeVarona, 872 F.2d 114, 120 (5th Cir. [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. <>/Border[0 0 0]/Contents(Masthead Logo Link)/Rect[126.0 692.8047 126.0 705.6953]/StructParent 2/Subtype/Link/Type/Annot>> See Perdomo, 929 F.2d at 970-71. Posted in satellite dish parts near me. 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. 210, 121 L.Ed.2d 150 (1992); United States v. Wilson, 894 F.2d 1245, 1251-52 (11th Cir. We find no abuse of discretion by the district court. 143 for abuse of discretion. See, e.g., United States v. Dansker, 537 F.2d 40, 65 (3d Cir. Greer v. Miller, 483 U.S. 756, 766 n. 8, 107 S.Ct. 2d 251 (1988); see also Eufrasio, 935 F.2d at 574. 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. We review the evidence in the light most favorable to the verdict winner, in this case the government. United States v. Chiantese, 582 F.2d 974, 980 (5th Cir.1978), cert. Id. Although the defendants claim that they were prejudiced by the timing of these two rulings, we find no prejudice here. See United States v. Harvey, 959 F.2d 1371, 1377 (7th Cir.1992). Subscribe why should every switch have a motd banner?arizona wildcats softball roster. 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. 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