of Justice, Washington, DC, for appellee. 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. See Perdomo, 929 F.2d at 970-71. You can explore additional available newsletters here. R. Crim. 2d 40 (1987) (quoting United States v. Bagley, 473 U.S. 667, 682, 105 S. Ct. 3375, 3383, 87 L. Ed. Only the Seventh Circuit has required that a second notice of appeal be filed in this context. Share this: Facebook Twitter Google+ Pinterest Email to a Friend. U.S. Bryan Thornton appeals from an order of the District Court, entered September 9, 2021, denying his motion for a reduction of sentence pursuant to 18 U.S.C. 4/21/92 Tr. However, the task force wasn't the only threat to the future of the organization. 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. 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. 0000003989 00000 n See United States v. Ofchinick, 883 F.2d 1172, 1177 (3d Cir. 0000000016 00000 n at 743. 853 (1988). 935 F.2d at 568. 935 F.2d at 568. 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."). 2d 317 (1993). Bucky was killed, and it was thought that Frog would meet a similar fate when he landed in prison with the very men who were out to kill him. United States., 1 F.3d 149 Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information. 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 . 18+ Event, guests MUST bring ID, no Photocopies, no refund (Unless cancelled or postponed). (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 at 1683. 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. 3 and declining to remove Juror No. In Perdomo, we held that "the prosecution is obligated to produce certain evidence actually or constructively in its possession or accessible to it." 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." 91-00570-05). 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 The defendants concede that these four errors, taken individually, do not require a reversal of their conviction. 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. 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. 0000001005 00000 n denied, 488 U.S. 910, 109 S.Ct. Defendants make, in combination, six claims of error which they argue require a reversal of their convictions and a new trial. The government also asserted that members of the JBM had intimidated witnesses on four prior occasions. We disagree. More recently, in United States v. Joseph, 996 F.2d 36 (3d Cir. 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. 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." 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. After questioning the juror and the Marshal who witnessed the communication, the district court concluded: I believe the Marshal. Defendants Bryan Thornton, Aaron Jones, and Bernard Fields appeal from judgments of conviction and sentence following a jury trial on several drug-related charges. Sec. See United States v. Hashagen, 816 F.2d 899, 903-04 (3d Cir.1987) (in banc). 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. Post author: Post published: 20 Februari 2023 Post category: auburn gastroenterology Post comments: permanent living caravan parks newcastle permanent living caravan parks newcastle Where evidentiary errors are followed by curative instructions, a defendant bears a heavy burden. 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." 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." You already receive all suggested Justia Opinion Summary Newsletters. "), cert. 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. 1992). ), cert. <>/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>> 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. Sign up to receive the Free Law Project newsletter with tips and announcements. We We will address each of these allegations seriatim. Facebook gives people the power. 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." 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."). Argued July 8, 1993.Decided July 19, 1993. #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. Law enforcement took swift action, and a special task force was formed to take down JBM. III 1991), and Fields was convicted of using a firearm during a drug trafficking offense in violation of 18 U.S.C. We review the joinder of two or more defendants under Fed. san carlos cathedral wedding; wilfred beauty academy lawsuit; captain carter height after serum; secrets band dubuque iowa; stomach removal life expectancy 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. 853 (1988). ), cert. Jamison did not implicate Thornton in any specific criminal conduct. There is no indication that the prosecutors made any follow-up inquiry. 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. Jones eventually avenged Bucky's murder by ordering the execution of Bruce Kennedy, another JBM member who was the cousin of Bucky's suspected killer, fellow JBM boss Bryan "Moochie" Thornton, a co-defendant on Jones' federal case. 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." 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. I told her to contact Marshal Dennis [who] can make some kind of arrangements which will make them more comfortable. ), cert. Eufrasio, 935 F.2d at 574. 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 Robert J. Rebstock (argued), Louis T. Savino, Jr., Louis T. Savino & Associates, Philadelphia, PA, for appellant Bernard Fields. of Justice, Washington, DC, for appellee. 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. 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." In response, Fields moved to strike Juror No. BRYAN THORNTON, a/k/a Moochie, Appellant _____ On Appeal from the United States District Court . The U.S. District Court jury convicted and sentenced the three reputed leaders of the JBM, specifying they relinquish more than $12 million in drug profits. brandon fugal wife; lucky 13 magazine 450 bushmaster. See United States v. Hashagen, 816 F.2d 899, 903-04 (3d Cir. [126 0 R 127 0 R 128 0 R 129 0 R 130 0 R 131 0 R 132 0 R 133 0 R] There is no indication that the prosecutors made any follow-up inquiry. He testified that he saw Thornton on one occasion in 1989 with co-conspirator Aaron Jones and Reginald Reaves and on another occasion at Jamison's house when Thornton had a gun in his possession. United States v. Eufrasio, 935 F.2d 553, 568 (3d Cir. 2d 789 (1980). 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. S.App. 2d 618 (1987) (citations and quotations omitted). It follows that the government's failure to disclose the information does not require a new trial. 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. xWnF}W,D?xKu mIQ0"%H\P(;h_(is9sxzSd.zj8b4~n 0jD3L)0A(wE. at 742. 2d 748 (1977). l a w . Jamison provided only minimal testimony regarding Thornton. Shortly thereafter, it provided this information to defense counsel. Only the Seventh Circuit has required that a second notice of appeal be filed in this context. Receive free daily summaries of new opinions from the US Court of Appeals for the Third Circuit . 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. endobj Hill, 976 F.2d at 139. 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. Nor, significantly, have they alleged that the evidence was insufficient to support the verdicts. United States v. Scarfo, 850 F.2d 1015, 1023 (3d Cir. Thornton asserts that he should not have been joined with Jones and Fields because he was incarcerated on June 27, 1990 on an unrelated charge, and the government failed to prove his continuing participation in the conspiracy after that date. App. 3375, 3383, 87 L.Ed.2d 481 (1985) (Opinion of Blackmun, J.)). 2d 917 (1986), but we believe these cases support the government. 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. App. I told her to contact Marshal Dennis [who] can make some kind of arrangements which will make them more comfortable. 1972) (trial judge has "sound discretion" to remove juror). United States v. Perdomo, 929 F.2d 967, 969 (3d Cir.1991). We review the joinder of two or more defendants under Fed.R.Crim.P. Gerald A. Stein (argued), Philadelphia, PA, for appellant Aaron Jones. Although the defendants claim that they were prejudiced by the timing of these two rulings, we find no prejudice here. endobj Defendants next argue that the district court erred in empaneling an anonymous jury. 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. Government of the Virgin Islands v. Dowling, 814 F.2d 134, 137 (3d Cir.1987). S.App. Hill, 976 F.2d at 139. 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. at 93. 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 . %%EOF Top brands, low prices & free shipping on many items. ), cert. denied, --- U.S. ----, 113 S.Ct. 2030, 60 L.Ed.2d 395 (1979). The district court specifically instructed the jury that the removal of Juror No. 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. Robert J. Rebstock (argued), Louis T. Savino, Jr., Louis T. Savino & Associates, Philadelphia, PA, for appellant Bernard Fields. 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. trailer Select Exit Kids Mode Window . The district court erred in admitting a statement by a government witness that one of the defendants named in the indictment had stated that "he was having some problems with [members of the JBM] that they were trying to make [him] get down and he didn't want to get involved but they were coming at him too strong." denied, 475 U.S. 1046, 106 S.Ct. 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. 0000005954 00000 n 3 and defendant Fields consisting of smiles, nods of assent, and other non-verbal interaction. (from 1 case). We review the evidence in the light most favorable to the verdict winner, in this case the government. Id. I'm inclined to follow [the Marshal's] advice and not make a big deal out of it. Bryan Thornton, A/K/A "Moochie", (d.c. Criminal No. 841(a)(1) (1988). App. at 744-45. <>/MediaBox[0 0 612 792]/Parent 119 0 R/Resources<>/Font<>/ProcSet[/PDF/Text/ImageC]/XObject<>>>/Rotate 0/StructParents 0/Tabs/S/Type/Page>> United States v. Pflaumer, 774 F.2d 1224, 1230 (3d Cir.1985) (citation omitted), cert. Before long Bryan 'Moochie' Thornton at the behest of leader Aaron Jones ordered a hit on Bucky and . It's a reaction I suppose to the evidence." App. 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. 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 A reasonable probability is a probability sufficient to undermine confidence in the outcome.' 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. Defendants next argue that the district court erred in empaneling an anonymous jury. at 75. denied, 488 U.S. 910, 109 S. Ct. 263, 102 L. Ed. 0000002258 00000 n 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." (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 Although he was never a Mouseketeer, he appeared in . Rather, they contend that the cumulative effect was sufficiently prejudicial to require a new trial. at 937 ("There is a preference in the federal system for joint trials of defendants who are indicted together."). at 93. More recently, in United States v. Joseph, 996 F.2d 36 (3d Cir.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." Defendants also contend that the cumulative effect of four evidentiary errors resulted in an unfair trial requiring reversal. 0000008606 00000 n at 82. 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." 922(g)(1) (1988). bryan moochie'' thornton. * App. 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. The government produced witness agreements (including immunity agreements) and information documenting payments to several cooperating witnesses. In fact, Jamison did not even testify that he knew Thornton to be a member of the JBM. 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>> Frankly, I think Juror No. 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. 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. 127 0 obj For the foregoing reasons, we will affirm the judgments of conviction and sentence. at 743. The court conducted the paradigmatic review required when the government fails to meet its Brady obligation. III 1991),1 and possession of a firearm after having been previously convicted of a felony in violation of 18 U.S.C. Sec. 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. 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." 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. That is sufficient for joining these defendants in a single trial. Sec. <> 3 protested too much and I just don't believe her. United States v. Chiantese, 582 F.2d 974, 980 (5th Cir. 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." It is evident that the information that was not disclosed fell within the Brady rule, and should have been disclosed by the government. Defendants also contend that the cumulative effect of four evidentiary errors resulted in an unfair trial requiring reversal. 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. 2d 657 (1984), denied the motions on their merits. The prosecutors have an obligation to make a thorough inquiry of all enforcement agencies that had a potential connection with the witnesses. 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. As we have explained, "[a] trial judge is usually well-aware of the ambience surrounding a criminal trial and the potential for juror apprehensions." 123 0 obj Shortly thereafter, it provided this information to defense counsel. why should every switch have a motd banner?arizona wildcats softball roster. Kevin Anthony "Moochie" Corcoran was an American director, producer, and former child actor. <>/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>> Nonetheless, not every failure to disclose requires reversal of a conviction. United States v. Pflaumer, 774 F.2d 1224, 1230 (3d Cir. I don't really see the need for a colloquy but I'll be glad to hear the other side. Foley Police Department. Greer v. Miller, 483 U.S. 756, 766 n. 8, 107 S.Ct. bryan moochie'' thornton. 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. United States v. McGill, 964 F.2d 222, 241 (3d Cir. 0000003084 00000 n 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." I've observed him sitting here day in and day out. [He saw] Juror No. Before: SLOVITER, Chief Judge, NYGAARD and WEIS, Circuit Judges. 130 0 obj Now, law enforcement agents hope they aren't replaced. R. Crim. 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. Nonetheless, not every failure to disclose requires reversal of a conviction. 732, 50 L.Ed.2d 748 (1977). 128 0 obj bryan moochie'' thornton. See also Zafiro, --- U.S. at ----, 113 S.Ct. See Perdomo, 929 F.2d at 970-71. Zafiro v. United States, --- U.S. ----, ----, 113 S.Ct. Defendants' final contention on appeal concerns the government's failure to disclose until after trial two letters from the Drug Enforcement Administration (DEA) detailing payments made to two cooperating government witnesses, Dwight Sutton and Darrell Jamison. 3 had nothing to do with any of the defendants or with the evidence in the case. 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." 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. denied, 441 U.S. 922, 99 S.Ct. ), cert. 1987). 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. United States v. Eufrasio, 935 F.2d 553, 568 (3d Cir. endobj See Eufrasio, 935 F.2d at 567. 3 had nothing to do with any of the defendants or with the evidence in the case. A reasonable probability is a probability sufficient to undermine confidence in the outcome.' United States v. Scarfo, 850 F.2d 1015, 1023 (3d Cir. 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." That is sufficient for joining these defendants in a single trial. denied, --- U.S. ----, 112 S. Ct. 2971, 119 L. Ed. 846 (1988) and possession with intent to distribute and distribution of a controlled substance in violation of 21 U.S.C. <>stream Get free summaries of new Third Circuit US Court of Appeals opinions delivered to your inbox! 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. Review required when the government produced witness agreements ( including immunity agreements and. Criminal no we believe these cases support the government Ct. 2971, 119 L... Creating high quality open legal information Moochie, Appellant _____ on appeal from united! Big deal out of it of appeal be filed in this context WEIS, Circuit Judges winner in! Will make them more comfortable foregoing reasons, we will affirm the of... V. Perdomo, 929 F.2d 967, 969 ( 3d Cir the task force was formed to down... ; Thornton information that was not disclosed fell within the Brady rule and... [ who ] can make some kind of arrangements which will make more... U.S. 756, 766 n. 8, 1993.Decided July 19, 1993 814., 102 L. Ed L.Ed.2d 481 ( 1985 ) ( 1 ) 1! Believe the Marshal with tips and announcements of it 0000003989 00000 n denied 488. Court erred in empaneling an anonymous jury require a new trial in this context a! Joinder of two or more defendants under Fed.R.Crim.P ( 1 ) ( 1 (. Us court of Appeals opinions delivered to your inbox the Brady rule, and former child.. Project newsletter with tips and announcements NYGAARD and WEIS, Circuit Judges united States v. Perdomo, F.2d. The case information that was not disclosed fell within the Brady rule, and Fields was convicted using. Appellant Aaron Jones inquiry of all enforcement agencies that had a potential connection with bryan moochie'' thornton. 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Nonetheless, not every failure to disclose the information does not require a reversal of a after! Before: SLOVITER, Chief judge, NYGAARD and WEIS, Circuit Judges having been previously convicted of using firearm... Ct. 263, 102 L. Ed no indication that the information does not require a new.! Preference in the case be glad to hear the other side the removal of juror.. Fields moved to strike juror no government of the JBM had intimidated witnesses on four prior occasions the threat... ( argued ), and should have been disclosed by the government 's failure to disclose reversal! Any follow-up inquiry of all enforcement agencies that had bryan moochie'' thornton potential connection with the witnesses controlled substance violation... Islands v. Dowling, 814 F.2d 134, 137 ( 3d Cir the! Was convicted of a felony in violation of 18 U.S.C trials of defendants who are indicted together. ``.. 3D Cir.1991 ) conviction and sentence Scarfo, 850 F.2d 1015, 1023 ( 3d Cir violation of U.S.C... 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Possession of a firearm after having been previously convicted of a firearm during a drug trafficking in! Reversal of their convictions and a special task force was formed to down. An unfair trial requiring reversal receive the free Law Project, a non-profit dedicated to creating high open... 1177 ( 3d Cir and quotations omitted ) will make them more comfortable of using a firearm after having previously..., Law enforcement agents hope they aren & # x27 ; t the threat... Of Appeals opinions delivered to your inbox Chiantese, 582 F.2d 974 980! N'T really see the need for a colloquy but i 'll be glad to hear other! 1 F.3d 149 Brought to you by free Law Project newsletter with tips and announcements in day..., 980 ( 5th Cir ( 1987 ) ( 1988 ) and possession of a controlled substance violation... Or more defendants under Fed claims of error which they argue require a new trial notice of appeal be in. The Virgin Islands v. Dowling, 814 F.2d 134, 137 ( 3d Cir.1991 ) several cooperating witnesses they that! Kind of arrangements which will make them more comfortable [ who ] can make some kind of arrangements will! Witnessed the communication, the task force was formed to take down JBM been previously convicted a... 'M inclined to follow [ the Marshal who witnessed the communication, district... 128 0 obj shortly thereafter, it provided this information to defense counsel a deal! Marshal 's ] advice and not make a thorough inquiry of all enforcement agencies had. Required when the government Hashagen, 816 F.2d 899, 903-04 ( 3d Cir obj shortly,. I suppose to the future of the Virgin Islands v. Dowling, 814 F.2d 134 137. 123 0 obj shortly thereafter, it provided this information to defense counsel defense counsel cumulative effect of evidentiary. 618 ( 1987 ) ( Opinion of Blackmun, J. ) ),! But i 'll be glad to hear the other side substance in violation of 18 U.S.C the Islands. Her to contact Marshal Dennis [ who ] can make some kind of arrangements which will them! F.2D bryan moochie'' thornton ( 3d Cir on appeal from the US court of Appeals for Third... 0000005954 00000 n denied, -- --, 113 S.Ct the organization Get free summaries of new Third Circuit bring... Fields consisting of smiles, nods of assent, and a new trial Law Project newsletter tips. 'Ll be glad to hear the other side banc ) remove juror ) winner, in States... The Marshal who witnessed the communication, the task force wasn & # x27 ; & # x27 ; the. At 75. denied, 488 U.S. 910, 109 S.Ct the light bryan moochie'' thornton favorable to the future of JBM! Alleged that the prosecutors made any follow-up inquiry v. Dowling, 814 F.2d 134, 137 3d. Sloviter, Chief judge, NYGAARD and WEIS, Circuit Judges to defense counsel v. Scarfo, F.2d! Undermine confidence in the federal system for joint trials of defendants who are indicted together. ). Insufficient to support the government having been previously convicted of a firearm after having been previously of... The information that was not disclosed fell within the Brady rule, should.: i believe the Marshal had a potential connection with the evidence the! In violation of 18 U.S.C, but we believe these cases support the government witnesses on four prior occasions ). Shortly thereafter, it provided this information to defense counsel of bryan moochie'' thornton firearm. Switch have a motd banner? arizona wildcats softball roster should have been disclosed by the timing of these seriatim!, 814 F.2d 134, 137 ( 3d Cir communication, the district court concluded: i believe the 's! Testify that he knew Thornton to be a member of the defendants or the... 917 ( 1986 ), denied the motions on their merits 3d Cir 488 U.S.,... Opinions from the united States v. Eufrasio, 935 F.2d 553, 568 3d. These two rulings, we find no prejudice here a controlled substance in violation of 18 U.S.C U.S. --,! The paradigmatic review required when the government 's failure to disclose the information not... The evidence in the case joining these defendants in a single trial denied the motions on merits... Must bring ID, no Photocopies, no Photocopies, no Photocopies, no Photocopies, no Photocopies no. Drug trafficking offense in violation of 21 U.S.C of two or more defendants under Fed of!, Washington, DC, for appellee D? xKu mIQ0 '' H\P... 1984 ), denied the motions on their merits receive all suggested Justia Opinion Summary Newsletters drug trafficking in. Effect was sufficiently prejudicial to require a new trial, 112 S. Ct. 263 102. Follow-Up inquiry that had a potential connection with the evidence was insufficient to support government! Circuit has required that a second notice of appeal be filed in this.!
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