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." xref 1985) (citation omitted), cert. endobj 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. Argued July 8, 1993.Decided July 19, 1993. III 1991),1 and possession of a firearm after having been previously convicted of a felony in violation of 18 U.S.C. However, the district court's factual findings are amply supported by the record. 3102, 3109 n. 8, 97 L.Ed.2d 618 (1987) (citations and quotations omitted). 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." App. 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." 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." 2d 40 (1987) (quoting United States v. Bagley, 473 U.S. 667, 682, 105 S. Ct. 3375, 3383, 87 L. Ed. endobj A reasonable probability is a probability sufficient to undermine confidence in the outcome.' [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. Defendants next argue that the district court erred in empaneling an anonymous jury. 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. The defendants next assert that the district court abused its discretion in replacing Juror No. See also Zafiro, --- U.S. at ----, 113 S.Ct. App. My judgment at this moment is that it [a colloquy] is not [necessary and] that the apprehensions are normal, given the evidence. [F]or the moment I'll defer to the judgment of the Marshal who's an expert in the area and let him make the arrangements he recommends. Thus, he has waived the right to present that issue on appeal, The defendants cite for support United States v. McAnderson, 914 F.2d 934 (7th Cir. 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. 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." denied, --- U.S. ----, 112 S. Ct. 2971, 119 L. Ed. You can explore additional available newsletters here. BRYAN THORNTON, a/k/a Moochie, Appellant _____ On Appeal from the United States District Court . 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. ), cert. United States v. Perdomo, 929 F.2d 967, 969 (3d Cir.1991). United States v. Perdomo, 929 F.2d 967, 969 (3d Cir. 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. It is evident that the information that was not disclosed fell within the Brady rule, and should have been disclosed by the government. We, as an appellate tribunal, are in a poor position to evaluate these competing considerations; we have only an insentient record before us. Rather, they contend that the cumulative effect was sufficiently prejudicial to require a new trial. The defendants do not dispute that the district court applied the correct legal principles in ruling on their new trial motions. 134 0 obj The indictment in this case alleged that Thornton participated in the conspiracy through its conclusion in September 1991. 2d 590 (1992). 3 had nothing to do with any of the defendants or with the evidence in the case. 12, even assuming what you proffer about the scowling, that would be different because it's not really an exchange of non-verbal communication. We review the evidence in the light most favorable to the verdict winner, in this case the government. 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. Obituary. The government also asserted that members of the JBM had intimidated witnesses on four prior occasions. at 1683. His two co-defendants, Fields and Thornton were sentenced under the United States sentencing guidelines to life imprisonment also. (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 <>/Border[0 0 0]/Contents(Masthead Logo Link)/Rect[126.0 692.8047 126.0 705.6953]/StructParent 2/Subtype/Link/Type/Annot>> The district court denied the motion, stating, "I think Juror No. On appeal, defendants raise the same arguments they made before the district court. 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." denied, 493 U.S. 1034, 110 S.Ct. Jamison did not implicate Thornton in any specific criminal conduct. It follows that the government's failure to disclose the information does not require a new trial. 3 and defendant Fields consisting of smiles, nods of assent, and other non-verbal interaction. <>stream
The court issued a curative instruction as to three of the errors, and the other error was clearly harmless.7. 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. 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). 3 protested too much and I just don't believe her. In this case, all three defendants were charged with participation in a single overarching drug conspiracy beginning in late 1985 and ending in September 1991. denied, --- U.S. ----, 113 S.Ct. The government also asserted that members of the JBM had intimidated witnesses on four prior occasions. There is no indication that the prosecutors made any follow-up inquiry. July 19th, 1993, Precedential Status: 753, 107 L.Ed.2d 769 (1990). macken funeral home rochester, mn obituaries; hsbc us bloomberg. The defendants next assert that the district court abused its discretion in replacing Juror No. " Pennsylvania v. Ritchie, 480 U.S. 39, 57, 107 S. Ct. 989, 1001, 94 L. Ed. 0000002002 00000 n
We find no abuse of discretion by the district court. 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. Where evidentiary errors are followed by curative instructions, a defendant bears a heavy burden. hb```b``d`a`` @1V xr+(t*\./{8wnK^ RB@P8f/ -r`IFu+M;3+d,0?a2d!ATKf`zH200 brandon fugal wife; lucky 13 magazine 450 bushmaster. 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. 2d 769 (1990). App. 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 82. App. These ccs might not add something major to your game, but it works wonders if you like things a certain way and gives more weightage to aesthetics. l a w . 2d 317 (1993). Between 1956 and 1960, Corcoran played several different (but similar) characters, each bearing the nickname "Moochie". at 742. (from 1 case). 914 F.2d at 944. I told her to contact Marshal Dennis [who] can make some kind of arrangements which will make them more comfortable. 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. United States v. Eufrasio, 935 F.2d 553, 568 (3d Cir. 841(a) (1) (1988). 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." 848 (1988 & Supp. 125 0 obj of Justice, Washington, DC, for appellee. 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. Jamison provided only minimal testimony regarding Thornton. See Eufrasio, 935 F.2d at 567. 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. 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