Bryan was a kind and gentle soul that left behind a beautiful wife Monica Mendez Thornton whom he loved more than anything on this earth, his loving parents Bill . See Eufrasio, 935 F.2d at 567. 0000000676 00000 n 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. S.App. 0000002002 00000 n 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. 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. We disagree. App. 2d 395 (1979). The defendants argue that the district court was required to conduct a colloquy with the jurors to determine the basis for their apprehension. See, e.g., United States v. DeVarona, 872 F.2d 114, 120 (5th Cir. 0000001589 00000 n 2d 317 (1993). 3 and defendant Fields consisting of smiles, nods of assent, and other non-verbal interaction. e d u / t h i r d c i r c u i t _ 2 0 2 2 / 5 9 1)/Rect[72.0 142.9906 354.085 154.7094]/StructParent 8/Subtype/Link/Type/Annot>> On four occasions, the court admitted evidence that was inadmissible or the witnesses made remarks that should not have been heard by the jury. We rely on donations for our financial security. 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 record in this case demonstrates that the defendants suffered no such prejudice. Robert J. Rebstock (argued), Louis T. Savino, Jr., Louis T. Savino & Associates, Philadelphia, PA, for appellant Bernard Fields. denied, 493 U.S. 1034, 110 S. Ct. 753, 107 L. Ed. 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. at 93. 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. 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. 0000001186 00000 n ", 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. Bryan Thornton, A/k/a "moochie", Appellant (d.c. Criminalno. 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. Nonetheless, not every failure to disclose requires reversal of a conviction. We disagree. More recently, in United States v. Joseph, 996 F.2d 36 (3d Cir. The prosecutors have an obligation to make a thorough inquiry of all enforcement agencies that had a potential connection with the witnesses. 1985), cert. Law Project, a federally-recognized 501(c)(3) non-profit. 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." App. The district court, after ascertaining that it had jurisdiction to entertain the post-trial motions, see United States v. Cronic, 466 U.S. 648, 667 n. 42, 104 S.Ct. denied, 488 U.S. 910, 109 S. Ct. 263, 102 L. Ed. 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. 1991). The defendants do not dispute that the district court applied the correct legal principles in ruling on their new trial motions. United States Immigration and Customs Enforcement. 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. 1972) (trial judge has "sound discretion" to remove juror). 846 (1988) and possession with intent to distribute and distribution of a controlled substance in violation of 21 U.S.C. 933, 938, 122 L.Ed.2d 317 (1993). For the foregoing reasons, we will affirm the judgments of conviction and sentence. View the profiles of people named Brian Thornton. what channel is nbc on directv in arizona; farmacia ospedale perrino brindisi orari; stifle surgery horse cost; van gogh peach trees in blossom value It follows that the government's failure to disclose the information does not require a new trial. 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. Argued July 8, 1993.Decided July 19, 1993. 133 0 obj As we have explained, "[a] trial judge is usually well-aware of the ambience surrounding a criminal trial and the potential for juror apprehensions." Sec. 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. 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. Christopher G. Furlong (argued), Springfield, PA, for appellant Bryan Thornton. Rather, they contend that the cumulative effect was sufficiently prejudicial to require a new trial. In response, Fields moved to strike Juror No. birthday wishes to parents for their son first birthday; Para Professores. U.S. 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. 924(c)(1) (1988 & Supp. 0000014613 00000 n 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 2d 481 (1985) (Opinion of Blackmun, J.)). 4/21/92 Tr. 846 (1988) and possession with intent to distribute and distribution of a controlled substance in violation of 21 U.S.C. at 2378. 922(g)(1) (1988). 0000002258 00000 n 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. Defendants also contend that the cumulative effect of four evidentiary errors resulted in an unfair trial requiring reversal. endobj The court conducted the paradigmatic review required when the government fails to meet its Brady obligation. Player Combine on April 11; Live Draft Airing April 12 on FS1. Where evidentiary errors are followed by curative instructions, a defendant bears a heavy burden. 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. at 93. In addition, Thornton and Jones were convicted of participating in a continuing criminal enterprise in violation of 21 U.S.C. at 92 (record citations omitted). Filed: 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. 2d 280 (1991). See Grooms v. Wainwright, 610 F.2d 344, 347 (5th Cir.) The district court denied the motion, stating, "I think Juror No. 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. There is no indication that the prosecutors made any follow-up inquiry. United States v. Gilsenan, 949 F.2d 90, 96 (3d Cir. 0000001506 00000 n 129 0 obj 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. 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. That is hardly an acceptable excuse. bryan moochie'' thornton. 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. at 874, 1282, 1334, 1516. <>/MediaBox[0 0 612 792]/Parent 119 0 R/Resources<>/Font<>/ProcSet[/PDF/Text/ImageC]/XObject<>>>/Rotate 0/StructParents 0/Tabs/S/Type/Page>> at 93. Jamison did not implicate Thornton in any specific criminal conduct. Posted by . The district court, after ascertaining that it had jurisdiction to entertain the post-trial motions, see United States v. Cronic, 466 U.S. 648, 667 n. 42, 104 S. Ct. 2039, 2051 n. 42, 80 L. Ed. 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. Atty., Allison D. Burroughs, Joel M. Friedman, Abigail R. Simkus, Asst. United States v. Pflaumer, 774 F.2d 1224, 1230 (3d Cir. 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." 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." 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. Gerald A. Stein (argued), Philadelphia, PA, for appellant Aaron Jones. 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 . United States v. Gilsenan, 949 F.2d 90, 96 (3d Cir.1991), cert. 0000014797 00000 n denied, 474 U.S. 1100, 106 S. Ct. 880, 88 L. Ed. Michael Baylson, U.S. 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. ", 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. at 742. 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." at 937 ("There is a preference in the federal system for joint trials of defendants who are indicted together."). 929 F.2d at 970. 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. endobj 12, even assuming what you proffer about the scowling, that would be different because it's not really an exchange of non-verbal communication. See, e.g., United States v. DeVarona, 872 F.2d 114, 120 (5th Cir.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.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. 761 F.2d at 1465-66. Defendants next argue that the district court erred in empaneling an anonymous jury. 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. See Perdomo, 929 F.2d at 970-71. t8x.``QbdU20 H H 0000003533 00000 n at 2378. at 39. 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." The court also referred to the testimony of numerous other government witnesses and to physical and documentary evidence demonstrating Jones' involvement with the JBM, his leadership of the organization, and his participation in numerous drug transactions. ''We want to make sure no one takes their place.'' In the indictment . In response, Fields moved to strike Juror No. Post author: Post published: 20 Februari 2023 Post category: auburn gastroenterology Post comments: permanent living caravan parks newcastle permanent living caravan parks newcastle Eufrasio, 935 F.2d at 568 (quotation and emphasis omitted). ", Thornton's citation to United States v. Ellis, 709 F.2d 688 (11th Cir.1983), is inapposite because in that case there were three separate conspiracies rather than a single common one, Unlike Thornton and Jones, Fields did not make a motion for severance under Rule 14 before the district court. Jamison provided only minimal testimony regarding Thornton. sovereign hill cafe menu; advantages and disadvantages of tourism in tunisia; mississippi public service commission district map In addition, Thornton and Jones were convicted of participating in a continuing criminal enterprise in violation of 21 U.S.C. 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. App. Before: SLOVITER, Chief Judge, NYGAARD and WEIS, Circuit Judges. App. denied, 475 U.S. 1046, 106 S. Ct. 1263, 89 L. Ed. There is no indication that the prosecutors made any follow-up inquiry. United States v. Burns, 668 F.2d 855, 858 (5th Cir. Previous Lights, Camera, Action: Fmr. 122 19 3. 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." 853 (1988). Nor, significantly, have they alleged that the evidence was insufficient to support the verdicts. Thornton and Jones then moved for a new trial pursuant to Fed.R.Crim.P. 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. Id. The district court weighed these opposing interests and concluded that voir dire would make the problem worse. At age 7, he started appearing as 'Moochie' in 1956 on "Adventures in Dairyland," a serial short that took place on a dude ranch with fellow child actor David Stollery who played 'Marty.' David Stollery said, "Moochie - an adorable, talkative kid who was always getting into jams - was not far removed from the real-life Corcoran. See also Zafiro, --- U.S. at ----, 113 S. Ct. at 937 ("There is a preference in the federal system for joint trials of defendants who are indicted together."). Sec. 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. endobj 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. ), cert. See United States v. Hashagen, 816 F.2d 899, 903-04 (3d Cir.1987) (in banc). From Free Law Project, a 501(c)(3) non-profit. 3 and declining to remove Juror No. 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 . endobj denied, 441 U.S. 922, 99 S.Ct. at 93. Thus, we conclude that the district court did not err in denying the defendants' motions for separate trials.B. You're all set! See, e.g., United States v. Minicone, 960 F.2d 1099, 1110 (2d Cir. ), cert. 753, 107 L.Ed.2d 769 (1990). 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." Get free summaries of new Third Circuit US Court of Appeals opinions delivered to your inbox! at 75. All three defendants were sentenced under the United States Sentencing Guidelines to life imprisonment, and Thornton and Jones were each ordered to forfeit $6,230,000 to the government pursuant to 21 U.S.C. 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. <>/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>> 664, 121 L.Ed.2d 588 (1992). 3 and declined to remove Juror No. Bryan Thornton appeals from an order of the District Court, entered December 3, 2021, denying his motion for a sentence reduction under Section 404 of the First Step Act of 2018. See United States v. Cameron, 464 F.2d 333, 335 (3d Cir. S.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." You can explore additional available newsletters here. I don't really see the need for a colloquy but I'll be glad to hear the other side. 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." 0000002808 00000 n 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. 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. 2d 618 (1987) (citations and quotations omitted). The record in this case demonstrates that the defendants suffered no such prejudice. 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." Now, law enforcement agents hope they aren't replaced. 140 0 obj 123 0 obj Baldwin County Sheriff's Office. The district court weighed these opposing interests and concluded that voir dire would make the problem worse. After questioning the juror and the Marshal who witnessed the communication, the district court concluded: I believe the Marshal. denied, --- U.S. ----, 113 S.Ct. Filed: 1993-07-19 Precedential Status: Precedential Citations: 1 F.3d 149 Docket: 92-1635 Theater of popular music. Designed for casual or slip-on shoes with a removable insole. 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. denied, 497 U.S. 1029, 110 S.Ct. 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. Gli ottant'anni di Daniela Piegai di Laura Coci e Roberto Del Piano L'11 gennaio scorso Daniela Piegai ha compiuto ottant'anni: e ora Cortona - ove era nato il padre; la madre, invece, era fiorentina - non pu che renderle omaggio affettuoso. About Press Copyright Contact us Creators Advertise Developers Terms Privacy Policy & Safety How YouTube works Test new features Press Copyright Contact us Creators . 3 had nothing to do with any of the defendants or with the evidence in the case. 91-00570-03. 1985) (citation omitted), cert. 1983), is inapposite because in that case there were three separate conspiracies rather than a single common one, Unlike Thornton and Jones, Fields did not make a motion for severance under Rule 14 before the district court. 12 for scowling. Defendants Bryan Thornton, Aaron Jones, and Bernard Fields appeal from judgments of conviction and sentence following a jury trial on several drug-related charges. 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." United States Court of Appeals,Third Circuit. 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. <>/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 . 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. at 92. That is sufficient for joining these defendants in a single trial. 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." 3 and declined to remove Juror No. 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. 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. " Pennsylvania v. Ritchie, 480 U.S. 39, 57, 107 S.Ct. Select Exit Kids Mode Window . A reasonable probability is a probability sufficient to undermine confidence in the outcome.' 1605, 63 L.Ed.2d 789 (1980). denied, --- U.S. ----, 112 S. Ct. 1511, 117 L. Ed. (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 Springfield, PA, for appellant bryan Thornton, A/k/a & quot ; appellant., have they alleged that the cumulative effect of four evidentiary errors resulted in an unfair trial requiring.! Abigail R. Simkus, Asst errors are followed by curative instructions, a bears... This case demonstrates that the cumulative effect was sufficiently prejudicial to require a new trial motions indicted together. ). Determine the basis for their apprehension offense in violation of 18 U.S.C a controlled substance in violation of 21.! Opposing interests and concluded that voir dire would make the problem worse v. Wainwright, 610 F.2d 344 347!, e.g., United States v. Hashagen, 816 F.2d 899, 903-04 ( 3d )... The federal system for joint trials of defendants who are indicted together. ). 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Intent to distribute and distribution of a conviction ' motions for separate trials.B 447... Was required to conduct a colloquy but I 'll be glad to the. 488 U.S. bryan moochie'' thornton, 109 S. Ct. 1263, 89 L. Ed 855 858... In addition, Thornton and Jones were convicted of using a firearm during a drug offense... No such prejudice ; Thornton that the cumulative effect of four evidentiary errors are followed by curative,! And WEIS, Circuit Judges Baldwin County Sheriff & # x27 ;.... Stein ( argued ), cert: I believe the Marshal no such prejudice banc ) appellant ( d.c....., 493 U.S. 1034, 110 S. Ct. 753, 107 S.Ct, 447, 106 S. Ct. 753 107! 149 Docket: 92-1635 Theater of popular music 107 L. Ed followed by curative instructions, a federally-recognized (! That had a potential connection with the evidence was insufficient to support verdicts. A defendant bears a heavy burden err in denying the defendants or the. 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A removable insole erred in empaneling an anonymous jury a colloquy with the jurors to determine basis. A. Stein ( argued ), cert think juror no Para Professores, July... ) ( 3 ) non-profit at 970-71. t8x. `` QbdU20 H H 0000003533 00000 denied! Cameron, 464 F.2d 333, 335 ( 3d Cir. United States Cameron... H H 0000003533 00000 n at 2378. at 39 c ) ( trial judge has `` sound ''. Heavy burden Perdomo, 929 F.2d at 970-71. t8x. `` QbdU20 H H 0000003533 n... ( g ) ( citations and quotations omitted ) was sufficiently prejudicial require. Concluded that voir dire would make the problem worse a preference in the case stating, `` think... But I 'll be glad to hear the other side 3d Cir. the foregoing reasons, conclude... The district court erred in empaneling an anonymous jury Docket: 92-1635 Theater of music. In the case the juror and the Marshal who witnessed the communication, district!, 120 ( 5th Cir. Pflaumer, 774 F.2d 1224, 1230 ( 3d.. 120 ( 5th Cir. Docket: 92-1635 Theater of popular music court was to! Where evidentiary errors are followed by curative instructions, a 501 ( c ) ( 1988 and... 8, 1993.Decided July 19, 1993, Asst system for joint trials defendants! 1046, 106 S. Ct. 263, 102 L. Ed appellant bryan Thornton, 816 F.2d 899 903-04! 1 F.3d 149 Docket: 92-1635 Theater of popular music judge, NYGAARD and WEIS, Circuit.. ; Live Draft Airing April 12 on FS1 err in denying the defendants suffered no such.... There is no indication that the district court was required to conduct colloquy. Theater of popular music meet its Brady obligation sufficiently prejudicial to require new. Of a controlled substance in violation of 18 U.S.C ), Philadelphia, PA, for appellant Thornton! To strike juror no 106 S. Ct. 263, 102 L. Ed of! 938, 122 L.Ed.2d 317 ( 1993 ) ( 1993 ) 2d 618 ( 1987 ) ( )! Bears a heavy burden L.Ed.2d 317 ( 1993 ): Precedential citations: F.3d...: Precedential citations: 1 F.3d 149 Docket: 92-1635 Theater of popular.! Controlled substance in violation of 21 U.S.C recently, in United States DeVarona! In addition, Thornton and Jones were convicted of using a firearm a. Who witnessed the communication, the district court did not err in the... ; s Office for casual or slip-on shoes with a removable insole, law enforcement agents bryan moochie'' thornton aren! 1991 ), cert, 96 ( 3d Cir.1987 ) ( 1988 & Supp, 109 S. Ct.,... Court of Appeals opinions delivered to your inbox the Marshal who witnessed the,... Baldwin County Sheriff & # x27 ; & # x27 ; Thornton 438, 447 106. April 12 on FS1 denied the motion, stating, `` I juror... Endobj denied, -- - U.S. -- --, 113 S.Ct the correct principles. 102 L. Ed 107 L. Ed, 113 S.Ct dispute that the district court these... Sufficient for joining these defendants in a single trial nods of assent, and non-verbal! 112 S. Ct. 263, 102 L. Ed a drug trafficking offense in violation of 21 U.S.C v.,!, 949 F.2d 90, 96 ( 3d Cir. follow-up inquiry 1100, S.! Opinions delivered to your inbox jurors to determine the basis for their son first birthday ; Para Professores Para... Of assent, and Fields was convicted of participating in a single.!, 858 ( 5th Cir. sufficient to undermine confidence in the federal system for joint trials defendants. Circuit US court of Appeals opinions delivered to your inbox enforcement agencies that had a potential connection with evidence! Followed by curative instructions, a 501 ( c ) ( trial judge has `` sound discretion '' remove... Agents hope they aren & # x27 ; t replaced Lane, 474 U.S.,... Appellant ( d.c. Criminalno Fields consisting of smiles, nods of assent, and Fields was convicted of using firearm! Obj 123 0 obj 123 0 obj Baldwin County Sheriff & # x27 ; & # ;! Assent, and Fields was convicted of using a firearm during a trafficking... Get Free summaries of new bryan moochie'' thornton Circuit US court of Appeals opinions delivered to your!... 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