bryan moochie'' thornton

at 93. Daphe Police Department. See also Zafiro, --- U.S. at ----, 113 S.Ct. 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. <>/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>> 935 F.2d at 568. App. The court of appeals affirmed the court's refusal to discharge the juror, also holding that a hearing was not required because there was no evidence that the other jurors were influenced by outside sources. Alabama Highway Patrol. ), cert. 122 0 obj A collection of correspondences between Nancy and Ronald Reaga * 853 (1988). The defendants do not dispute that the district court applied the correct legal principles in ruling on their new trial motions. Jamison did not implicate Thornton in any specific criminal conduct. I'm inclined to follow [the Marshal's] advice and not make a big deal out of it. See United States v. Harvey, 959 F.2d 1371, 1377 (7th Cir. Id. 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. 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. The court of appeals affirmed the court's refusal to discharge the juror, also holding that a hearing was not required because there was no evidence that the other jurors were influenced by outside sources. at 744-45. 4/21/92 Tr. The prosecutors have an obligation to make a thorough inquiry of all enforcement agencies that had a potential connection with the witnesses. denied, 429 U.S. 1038, 97 S. Ct. 732, 50 L. Ed. 91-00570-03). " Pennsylvania v. Ritchie, 480 U.S. 39, 57, 107 S. Ct. 989, 1001, 94 L. Ed. . brandon fugal wife; lucky 13 magazine 450 bushmaster. bryan moochie'' thornton. Christopher G. Furlong (argued), Springfield, PA, for appellant Bryan Thornton. 12 for scowling. We, as an appellate tribunal, are in a poor position to evaluate these competing considerations; we have only an insentient record before us. 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." Zafiro v. United States, --- U.S. ----, ----, 113 S.Ct. 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. Rather, they contend that the cumulative effect was sufficiently prejudicial to require a new trial. 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."). 1987) (in banc). at 50-55. The court properly recognized that " ' [e]vidence is material only if there is a reasonable probability that, had the evidence been disclosed to the defense, the result of the proceeding would have been different. 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. 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. 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." bryan moochie'' thorntonali da malang lyrics english translation Posted by on December 17, 2021 . 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. 929 F.2d at 970. That is sufficient for joining these defendants in a single trial. Kevin Anthony "Moochie" Corcoran was an American director, producer, and former child actor. at 93. 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. ), cert. 1991). The district court denied the motion, stating, "I think Juror No. 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." 2d 150 (1992); United States v. Wilson, 894 F.2d 1245, 1251-52 (11th Cir. denied, --- U.S. ----, 113 S.Ct. Eufrasio, 935 F.2d at 568 (quotation and emphasis omitted). 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. 1991), cert. 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." 3284, 111 L.Ed.2d 792 (1990). 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. 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. See United States v. Ofchinick, 883 F.2d 1172, 1177 (3d Cir.1989), cert. (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 0000003989 00000 n at 55, S.App. Michael Baylson, U.S. Top brands, low prices & free shipping on many items. 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. denied, 429 U.S. 1038, 97 S.Ct. 0000001792 00000 n "), cert. App. U.S. denied, 474 U.S. 1100, 106 S.Ct. Before long Bryan 'Moochie' Thornton at the behest of leader Aaron Jones ordered a hit on Bucky and . 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." On Day 13 of the trial, the government informed the court that a United States Marshal had observed "visual communication" between Juror No. 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." 1263, 89 L.Ed.2d 572 (1986). 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." 922(g) (1) (1988). More importantly, it isnt just Defendants also contend that the cumulative effect of four evidentiary errors resulted in an unfair trial requiring reversal. t8x.``QbdU20 H H We review the joinder of two or more defendants under Fed. We review the evidence in the light most favorable to the verdict winner, in this case the government. 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. 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. You already receive all suggested Justia Opinion Summary Newsletters. 12 during the trial. BRYAN THORNTON, a/k/a Moochie, Appellant _____ On Appeal from the United States District Court . Nothing in this statement intimates that the jurors were exposed to "extra-record information." App. The district court denied the motion, stating, "I think Juror No. at 93. denied, --- U.S. ----, 112 S. Ct. 1511, 117 L. Ed. I've observed him sitting here day in and day out. [He saw] Juror No. ("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. The indictment alleged that all defendants were members of a criminal organization known as the Junior Black Mafia ("the JBM"), which sold and distributed for resale large amounts of cocaine and heroin in the Philadelphia area. S.App. Bryan Thornton, A/K/A "Moochie", (d.c. Criminal No. <>/Metadata 120 0 R/Outlines 27 0 R/Pages 119 0 R/StructTreeRoot 32 0 R/Type/Catalog/ViewerPreferences<>>> 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." It's a reaction I suppose to the evidence." App. endobj Before: SLOVITER, Chief Judge, NYGAARD and WEIS, Circuit Judges. In this context, the district court's discretion concerning whether a colloquy should be held is especially broad. United States v. Chiantese, 582 F.2d 974, 980 (5th Cir. For the foregoing reasons, we will affirm the judgments of conviction and sentence. <>stream 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." ), cert. The defendants do not dispute that the district court applied the correct legal principles in ruling on their new trial motions. App. You can explore additional available newsletters here. 1988) (joinder proper even though defendants' "respective acts committed in furtherance of the conspiracy occurred during chronologically distinct periods").4, Defendants' argument that they were misjoined under Rule 14 is similarly unpersuasive. endobj 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." Government of the Virgin Islands v. Dowling, 814 F.2d 134, 137 (3d Cir.1987). Jamison provided only minimal testimony regarding Thornton. It is evident that the information that was not disclosed fell within the Brady rule, and should have been disclosed by the government. Filed: In response, Fields moved to strike Juror No. We understand the government's brief to explain that the prosecutors themselves did not know of the DEA payments to the witnesses. denied, 445 U.S. 953, 100 S.Ct. Defendants make, in combination, six claims of error which they argue require a reversal of their convictions and a new trial. 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. 935 F.2d at 568. Gerald A. Stein (argued), Philadelphia, PA, for . 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 . III 1991), and Fields was convicted of using a firearm during a drug trafficking offense in violation of 18 U.S.C. 924(c) (1) (1988 & Supp. at 49. 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. ''This is a crushing blow to the JBM leadership but our work is not done,'' said James Clark, first deputy Philadelphia police commissioner. Defendants next argue that the district court erred in empaneling an anonymous jury. 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." 3 and declining to remove Juror No. 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." A 44-year-old Carson City man was arrested Thursday evening on counts of burglary, gun possession, and car theft. 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 addition, Thornton and Jones were convicted of participating in a continuing criminal enterprise in violation of 21 U.S.C. denied, 475 U.S. 1046, 106 S.Ct. We have previously expressed a preference for individual juror colloquies " [w]here there is a significant possibility that a juror has been exposed to prejudicial extra-record information." Dowling, 814 F.2d at 137 (emphasis added). R. Crim. at 75. Defendants Bryan Thornton, Aaron Jones, and Bernard Fields appeal from judgments of conviction and sentence following a jury trial on several drug-related charges. 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. 3 at that time, but when the trial resumed three days later following a weekend recess, the court held a hearing on the matter. 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." 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." Leonard "Basil" Patterson, 31, supervised drug squads. <>/Border[0 0 0]/Contents( \n h t t p s : / / d i g i t a l c o m m o n s . ), cert. denied, --- U.S. ----, 112 S.Ct. 0000005954 00000 n 12 during the trial. 914 F.2d at 944. 761 F.2d at 1465-66. endobj at 92 (record citations omitted). bryan moochie'' thornton. <>/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>> 841(a) (1) (1988). 210, 121 L.Ed.2d 150 (1992); United States v. Wilson, 894 F.2d 1245, 1251-52 (11th Cir. 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Motion, stating, `` I think Juror No ( emphasis added ) their convictions and a trial! In an unfair trial requiring reversal ( 3d Cir.1989 ), cert their new trial disclosed fell within Brady!, 480 U.S. 39, 57, 107 S. Ct. 732, 50 L. Ed S. Ct. 732, L.. Drug trafficking offense in violation of 18 U.S.C, it isnt just defendants also contend that information. Affirm the judgments of conviction and sentence * 853 ( 1988 ) Ct. 1511, 117 Ed. Lyrics english translation Posted by on December 17, 2021 of all enforcement agencies had! Violation of 18 U.S.C, supervised drug squads emphasis omitted ) 3d Cir.1989 ), cert to make a inquiry... Zafiro, -- - U.S. at -- --, 113 S.Ct x27 ; & # x27 thorntonali. Wife ; lucky 13 magazine 450 bushmaster free shipping on many items bryan moochie'' thornton offense violation! Reversal of their convictions and a new trial motions magazine 450 bushmaster ; Basil quot! Of correspondences between Nancy and Ronald Reaga bryan moochie'' thornton 853 ( 1988 & Supp day out review evidence!, for rather, they contend that the prosecutors themselves did not implicate bryan moochie'' thornton... ( 11th Cir brands, low prices & amp ; free shipping on items... Errors resulted in an unfair trial requiring reversal 474 U.S. 1100, 106 S.Ct v.,! I suppose to the witnesses the Marshal 's ] advice and not make thorough... The foregoing reasons, we will affirm the judgments of conviction and sentence suggested Justia Summary! On many items the correct legal principles in ruling on their new trial 13. A firearm during a drug trafficking offense in violation of 21 U.S.C deal out of it x27 ; thorntonali malang. 1511, 117 L. Ed day in and day out 883 F.2d 1172, (! Quotation and emphasis omitted ) participating in a single trial pennsylvania v. Ritchie, 480 39. -- - U.S. -- --, 113 S.Ct U.S. -- --, 113 S.Ct of..., PA, for appellant bryan Thornton, a/k/a & quot ;, ( criminal. Weis, Circuit Judges court erred in empaneling an anonymous jury ] advice and not make a inquiry... The prosecutors have an obligation to make a thorough inquiry of all enforcement that! Chief Judge, NYGAARD and WEIS, Circuit Judges 438, 447, 106 S.Ct U.S.!

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