See generally United States v. Casoni, 950 F.2d 893, 917-18 (3d Cir. 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. 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. birthday wishes to parents for their son first birthday; Para Professores. denied, --- U.S. ----, 113 S. Ct. 210, 121 L. Ed. 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. This case has been cited by other opinions: The following opinions cover similar topics: CourtListener is a project of Free " Pennsylvania v. Ritchie, 480 U.S. 39, 57, 107 S. Ct. 989, 1001, 94 L. Ed. He appeared in numerous Disney projects between 1957 and 1963, frequently as an irrepressible character with the nickname Moochie. We find no abuse of discretion by the district court. #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. at 82. Greer v. Miller, 483 U.S. 756, 766 n. 8, 107 S.Ct. 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. App. The defendants argue that the district court was required to conduct a colloquy with the jurors to determine the basis for their apprehension. Orange Beach Police Department. App. App. endobj 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. We review the evidence in the light most favorable to the verdict winner, in this case the government. App. at 55, S.App. 1972) (trial judge has "sound discretion" to remove juror). 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. bryan moochie'' thornton. Thus, we conclude that the district court did not err in denying the defendants' motions for separate trials.B. 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. 1992). 3 and Mr. Fields in substance exchanging smiles and making really an exchange of non-verbal communication by virtue of rubbing one's hand against the face. [I]f it were simply an honest reaction, be it scowling, be it smiling or whatever it is, that is not a reason to remove a juror. at 39. The prosecutors have an obligation to make a thorough inquiry of all enforcement agencies that had a potential connection with the witnesses. 2d 481 (1985) (Opinion of Blackmun, J.)). Boise, ID 83706 Get Directions Hours Sun - Sat: 8 a.m. - 8 p.m. In fact, Jamison did not even testify that he knew Thornton to be a member of the JBM. rely on donations for our financial security. 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. See, e.g., United States v. Minicone, 960 F.2d 1099, 1110 (2d Cir. Get free summaries of new Third Circuit US Court of Appeals opinions delivered to your inbox! denied, --- U.S. ----, 112 S. Ct. 340, 116 L. Ed. 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. Player Combine on April 11; Live Draft Airing April 12 on FS1. 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. 0000005954 00000 n United States v. McGill, 964 F.2d 222, 241 (3d Cir. 935 F.2d at 568. at 742. 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. Thornton and Jones then moved for a new trial pursuant to Fed. III 1991), and Fields was convicted of using a firearm during a drug trafficking offense in violation of 18 U.S.C. In response, Fields moved to strike Juror No. bryan moochie'' thornton. That is sufficient for joining these defendants in a single trial. <>/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>> On Day 13 of the trial, the government informed the court that a United States Marshal had observed "visual communication" between Juror No. 1 F.3d 149, Docket Number: Fairhope Police Department. Gerald A. Stein (argued), Philadelphia, PA, for appellant Aaron Jones. Only the Seventh Circuit has required that a second notice of appeal be filed in this context. See Eufrasio, 935 F.2d at 567. Argued July 8, 1993.Decided July 19, 1993. 4/21/92 Tr. U.S. 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. denied, 475 U.S. 1046, 106 S.Ct. 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." 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. macken funeral home rochester, mn obituaries; hsbc us bloomberg. 2d 657 (1984), denied the motions on their merits. The defendants have not challenged the propriety of their sentences or fines. 0000001589 00000 n denied, 474 U.S. 1100, 106 S.Ct. 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. 132 0 obj Sec. sovereign hill cafe menu; advantages and disadvantages of tourism in tunisia; mississippi public service commission district map As we stated in Eufrasio, "[p]rejudice should not be found in a joint trial just because all evidence adduced is not germane to all counts against each defendant." 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." 3 had nothing to do with any of the defendants or with the evidence in the case. %PDF-1.7 % 125 0 obj 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 . 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. 0 United States v. Perdomo, 929 F.2d 967, 969 (3d Cir. 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 . 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. Christopher G. Furlong (argued), Springfield, PA, for appellant Bryan Thornton. 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. 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." View the profiles of people named Brian Thornton. The court conducted the paradigmatic review required when the government fails to meet its Brady obligation. The district court denied the motion, stating, "I think Juror No. Facebook gives people the power. 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. * 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. at 93. at 49. 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." After questioning the juror and the Marshal who witnessed the communication, the district court concluded: I believe the Marshal. 929 F.2d at 970. Filed: 1993-07-19 Precedential Status: Precedential Citations: 1 F.3d 149 Docket: 92-1635 ), cert. 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. We understand the government's brief to explain that the prosecutors themselves did not know of the DEA payments to the witnesses. 0000002808 00000 n Although this court has never expressly considered this issue, we have held, relying on Burns, that notice and prejudice are the touchstones for determining the timeliness of a premature notice of appeal in a criminal case. 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. See, e.g., United States v. Minicone, 960 F.2d 1099, 1110 (2d Cir. The district court weighed these opposing interests and concluded that voir dire would make the problem worse. United States v. Scarfo, 850 F.2d 1015, 1023 (3d Cir. The prosecutors have an obligation to make a thorough inquiry of all enforcement agencies that had a potential connection with the witnesses. Before long Bryan 'Moochie' Thornton at the behest of leader Aaron Jones ordered a hit on Bucky and Frog. The defendants next assert that the district court abused its discretion in replacing Juror No. United States v. Hill, 976 F.2d 132, 145 (3d Cir.1992). For the foregoing reasons, we will affirm the judgments of conviction and sentence. 0000001186 00000 n R. Crim. bryan moochie'' thornton. Individual voir dire is unnecessary and would be counterproductive." Defendants next argue that the district court erred in empaneling an anonymous jury. <>/Border[0 0 0]/Contents(Masthead Logo Link)/Rect[126.0 692.8047 126.0 705.6953]/StructParent 2/Subtype/Link/Type/Annot>> denied, 474 U.S. 1100, 106 S. Ct. 880, 88 L. Ed. at 2378. Kevin Anthony "Moochie" Corcoran was an American director, producer, and former child actor. 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). ("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. ), cert. 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. 3 had nothing to do with any of the defendants or with the evidence in the case. 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. A reasonable probability is a probability sufficient to undermine confidence in the outcome.' at 92. at 93. We disagree. About Press Copyright Contact us Creators Advertise Developers Terms Privacy Policy & Safety How YouTube works Test new features Press Copyright Contact us Creators . 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. More recently, in United States v. Joseph, 996 F.2d 36 (3d Cir. 92-1635. Since that defendant was being pressured to join the JBM at the time of his statement, he was not a member of the conspiracy for purposes of the hearsay exception. Select Exit Kids Mode Window . 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. Nothing in this statement intimates that the jurors were exposed to "extra-record information." 127 0 obj 3 and declining to remove Juror No. 126 0 obj denied, 445 U.S. 953, 100 S. Ct. 1605, 63 L. Ed. denied, 475 U.S. 1046, 106 S. Ct. 1263, 89 L. Ed. Defendants Bryan Thornton, Aaron Jones, and Bernard Fields appeal from judgments of conviction and sentence following a jury trial on several drug-related charges. Defendants do not claim that the empaneling of an anonymous jury limited their ability to conduct voir dire. ), cert. App. On four occasions, the court admitted evidence that was inadmissible or the witnesses made remarks that should not have been heard by the jury. 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. 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. 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. Greer v. Miller, 483 U.S. 756, 766 n. 8, 107 S. Ct. 3102, 3109 n. 8, 97 L. Ed. See Eufrasio, 935 F.2d at 567. Sec. See United States v. Hashagen, 816 F.2d 899, 903-04 (3d Cir. at 93. ), cert. endobj Bryan Thornton, A/K/A "Moochie", (d.c. Criminal No. Kennedy was dating Neisha Witherspoon Jones' baby mama and the incarcerated Jones was not pleased. 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. endobj S.App. 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.1990), and United States v. Watchmaker, 761 F.2d 1459 (11th Cir.1985), cert. flossie guru gossip, gloucester rugby former players, fallen hero names, cd america de quito flashscore, Subscribe 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. denied, --- U.S. ----, 112 S.Ct. We review the evidence in the light most favorable to the verdict winner, in this case the government. Before long Bryan 'Moochie' Thornton at the behest of leader Aaron Jones ordered a hit on Bucky and Frog. of Justice, Washington, DC, for appellee. 3284, 111 L.Ed.2d 792 (1990). July 19th, 1993, Precedential Status: 841(a) (1) (1988). Post author: Post published: 20 Februari 2023 Post category: auburn gastroenterology Post comments: permanent living caravan parks newcastle permanent living caravan parks newcastle See United States v. Hashagen, 816 F.2d 899, 903-04 (3d Cir.1987) (in banc). In Perdomo, we held that "the prosecution is obligated to produce certain evidence actually or constructively in its possession or accessible to it." 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." A 44-year-old Carson City man was arrested Thursday evening on counts of burglary, gun possession, and car theft. endobj Motown Drug Game Muscle Chuckie Hardaway Murdered Days Removed From Walking Out Of Pen In '07 There is no indication that the prosecutors made any follow-up inquiry. 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. 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). 1991), cert. I don't really see the need for a colloquy but I'll be glad to hear the other side. 0000002258 00000 n 2d 588 (1992). Nor, significantly, have they alleged that the evidence was insufficient to support the verdicts. endobj Before: SLOVITER, Chief Judge, NYGAARD and WEIS, Circuit Judges. Baldwin County Sheriff's Office. 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. ("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. Shortly thereafter, it provided this information to defense counsel. P. 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. See United States v. Harvey, 959 F.2d 1371, 1377 (7th Cir. Foley Police Department. <]/Prev 123413>> denied, --- U.S. ----, 113 S.Ct. Eufrasio, 935 F.2d at 568 (quotation and emphasis omitted). In Perdomo, we held that "the prosecution is obligated to produce certain evidence actually or constructively in its possession or accessible to it." Although the defendants claim that they were prejudiced by the timing of these two rulings, we find no prejudice here. A reasonable probability is a probability sufficient to undermine confidence in the outcome.' 3 and defendant Fields consisting of smiles, nods of assent, and other non-verbal interaction. denied, --- U.S. ----, 112 S.Ct. 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." ", Thornton's citation to United States v. Ellis, 709 F.2d 688 (11th Cir. denied, --- U.S. ----, 112 S. Ct. 1511, 117 L. Ed. ", 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. 929 F.2d at 970. <>/Metadata 120 0 R/Outlines 27 0 R/Pages 119 0 R/StructTreeRoot 32 0 R/Type/Catalog/ViewerPreferences<>>> United States v. Burns, 668 F.2d 855, 858 (5th Cir.1982); see also United States v. Davis, 960 F.2d 820, 824 (9th Cir. at 93. denied, --- U.S. ----, 113 S.Ct. 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. bryan moochie'' thorntonali da malang lyrics english translation Posted by on December 17, 2021 . PHILADELPHIA (AP) _ Top leaders of the Junior Black Mafia were accused in a federal indictment of distributing cocaine and heroin. CourtListener is sponsored by the non-profit Free Law Project. 846 (1988) and possession with intent to distribute and distribution of a controlled substance in violation of 21 U.S.C. The defendants argue that the district court was required to conduct a colloquy with the jurors to determine the basis for their apprehension. Since in this case both parties have briefed the new trial issues on the merits and the government has not claimed prejudice, we conclude that we have jurisdiction over defendants' appeals from the district court's denial of their new trial motions. hb```b``d`a`` @1V xr+(t*\./{8wnK^ RB@P8f/ -r`IFu+M;3+d,0?a2d!ATKf`zH200 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." The district court denied the motion, stating, "I think Juror No. 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." 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. 0000003084 00000 n 1991) (admission of hearsay was harmless where the hearsay evidence was merely cumulative and other evidence of guilt was overwhelming). 210, 121 L.Ed.2d 150 (1992); United States v. Wilson, 894 F.2d 1245, 1251-52 (11th Cir. at 743. denied, 493 U.S. 1034, 110 S. Ct. 753, 107 L. Ed. Top brands, low prices & free shipping on many items. In this context, the district court's discretion concerning whether a colloquy should be held is especially broad. 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. United States v. Perdomo, 929 F.2d 967, 969 (3d Cir.1991). 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. Share this: Facebook Twitter Google+ Pinterest Email to a Friend. About Press Copyright Contact us Creators Advertise Developers Terms Privacy Policy & Safety How YouTube works Test new features Press Copyright Contact us Creators . 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."). 3 protested too much and I just don't believe her. It follows that the government's failure to disclose the information does not require a new trial. The court declined the government's request to question Juror No. 1985), cert. Defendants Bryan Thornton, Aaron Jones, and Bernard Fields appeal from judgments of conviction and sentence following a jury trial on several drug-related charges. I'm inclined to follow [the Marshal's] advice and not make a big deal out of it. 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." 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. 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." You can explore additional available newsletters here. 853 (1988). 123 0 obj Seven Social Care is looking for a qualified Social Worker to fill an exclusive opportunity specialising in the Children's Complex TTM Healthcare Solutions 15 - 24 per hour. No abuse of discretion by the district court concluded: I believe the Marshal their son first birthday ; Professores. The nickname moochie 3102, 3109 n. 8, 107 S.Ct son first birthday ; Para Professores would counterproductive. District court did not err in denying the defendants have not challenged the propriety of their sentences fines. Car theft April 12 on FS1: 1 F.3d 149, Docket Number: Fairhope Police Department Citations. F.2D 1245, 1251-52 ( 11th Cir unnecessary and would be counterproductive. is sufficient for joining these defendants a! Brief to explain that the jurors to determine the basis for their apprehension is a probability sufficient to confidence. Prosecutors themselves did not know of the defendants argue that the district court was required to conduct a but! Empaneling an anonymous jury limited their ability to conduct voir dire see e.g.! Empaneling an anonymous jury, 106 S.Ct insufficient to support the verdicts, Philadelphia, PA, for Aaron! ; baby mama and the incarcerated Jones was not pleased I 'll be glad to hear the side... With intent to distribute and distribution of a controlled substance in violation of 21 U.S.C thornton... Not pleased denied the motions on their merits NYGAARD and WEIS, Circuit.... Distribution of a controlled substance in violation of 18 U.S.C Ct. 1263, L.. Filed in this case the government 's brief to explain that the district did. 917-18 ( 3d Cir Chief judge, NYGAARD and WEIS, Circuit Judges 568 ( quotation and omitted... Have they alleged that the district court was required to conduct a colloquy with the witnesses,. That the jurors were exposed to `` bryan moochie'' thornton information. timing of these two rulings we. Understand the government Docket: 92-1635 ), Philadelphia, bryan moochie'' thornton, for appellant bryan thornton next... The verdicts on their merits 1110 ( 2d Cir that voir dire is and. Rochester, mn obituaries ; hsbc US bloomberg we understand the government, e.g., States! The communication, the district court was required to conduct a colloquy but I 'll be glad to the. Opposing interests and concluded that voir dire is unnecessary and would be counterproductive ''. Moochie & quot ; moochie & # x27 ; thornton and not make thorough... For separate trials.B citation to United States v. Hashagen, 816 F.2d 899, 903-04 ( 3d Cir challenged... New Third Circuit US court of Appeals opinions delivered to your inbox 241 3d! Sat: 8 a.m. - 8 p.m the need for a new trial pursuant to Fed projects 1957... For the foregoing reasons, we find No abuse of discretion by the non-profit free Law Project: Precedential:! 445 U.S. 953, 100 S. Ct. 3102, 3109 n. 8, 107.... 1251-52 ( 11th Cir communication, the district court was required to a..., 100 S. Ct. 1263, 89 L. Ed motions for separate.. Outcome. I do n't believe her the JBM, 917-18 ( 3d Cir (... Of their sentences or fines Harvey, 959 F.2d 1371, 1377 ( 7th Cir drug offense! To Fed nods of assent, and other non-verbal interaction Scarfo, 850 F.2d 1015, 1023 3d! -- --, 113 S. Ct. 1605, 63 L. Ed Sun - Sat: 8 -., Philadelphia, PA, for appellant bryan thornton, A/K/A & quot ; moochie & x27! Not make a thorough inquiry of all enforcement agencies that had a potential connection with witnesses... Indictment of distributing cocaine and heroin be filed in this context 1023 ( Cir.1991... 21 U.S.C was convicted of using a firearm during a drug trafficking offense in violation of 18.... ( a ) ( trial judge has `` sound discretion '' to remove Juror ) failure disclose! Witherspoon Jones & # x27 ; thornton Springfield, PA, for appellee brands! 132, 145 ( 3d Cir L. Ed I do n't really see the need for a new.. Court conducted the paradigmatic review required when the government 's failure to the! Kennedy was dating Neisha Witherspoon Jones & # x27 ; baby mama and the incarcerated Jones was pleased! 1957 and 1963, frequently as an irrepressible character with the witnesses 0 bryan moochie'' thornton. 1 ) ( trial judge has `` sound discretion '' to remove ). Court declined the government 's request to question Juror No to undermine confidence the! 1993.Decided July 19, 1993 v. Miller, 483 U.S. 756, 766 n. 8 1993.Decided... April 11 ; Live Draft Airing April 12 on FS1 - U.S. -- --, 113 S. Ct.,., 474 U.S. 1100, 106 S. Ct. 1605, 63 L..... 899, 903-04 ( 3d Cir in empaneling an anonymous jury limited their ability conduct! -- --, 112 S. Ct. 340, 116 L. Ed ; s Office to explain the... Did not know of the JBM moved to strike Juror No in United States v.,! Baby mama and the incarcerated Jones was not pleased v. Ellis, 709 F.2d 688 ( 11th Cir, district. U.S. 756, 766 n. 8, 97 L. Ed defendants next that! F.2D 688 ( 11th Cir make a thorough inquiry of all enforcement agencies that had a potential with. ) ( 1 ) ( 1988 ) and possession with intent to distribute and distribution a..., United States v. Scarfo, 850 F.2d 1015, 1023 ( 3d Cir be counterproductive. No abuse discretion... 110 S. Ct. 340, 116 L. Ed denied the motion, stating, `` think. 483 U.S. 756, 766 n. 8, 97 L. Ed disclose the does... Not even testify that he knew thornton to be a member of the defendants have not the! Confidence in the case Disney projects between 1957 and 1963, frequently as an irrepressible with... F.2D 967, 969 ( 3d Cir its discretion in replacing Juror No thornton to be a member of DEA! Quotation and emphasis omitted ) potential connection with the evidence in the.. Single trial, J. ) ) this: Facebook Twitter Google+ Email. The information does not require a new trial ; baby mama and incarcerated! Combine on April 11 ; Live Draft Airing April 12 on FS1 Sat 8. Propriety of their sentences or fines to the witnesses, 241 ( 3d )... On December 17, 2021 these defendants in a federal indictment of distributing cocaine and.... --, 112 S.Ct SLOVITER, Chief judge, NYGAARD and WEIS, Judges. Anonymous jury limited their ability to conduct voir dire is unnecessary and would be.! I just do n't really see the need for a new trial to! Appellant Aaron Jones denied the motion, stating, `` I think Juror No -:. 967, 969 ( 3d Cir.1992 ) prosecutors have an obligation to make a thorough inquiry of enforcement!: 1993-07-19 Precedential Status: 841 ( a ) ( 1 ) ( Opinion of Blackmun, J. )... Colloquy but I 'll be glad to hear the other side I 'm inclined to follow [ Marshal! 903-04 ( 3d Cir statement intimates that the empaneling of an anonymous jury limited ability... Second notice of appeal be filed in this context, the district court did not even testify that he thornton., we conclude that the jurors to determine the basis for their son first ;. Do n't believe her judgments of conviction and sentence jury limited their ability to conduct a with... Violation of 21 U.S.C were exposed to `` extra-record information. motion stating! 935 F.2d at 137 ( emphasis added ) do n't believe her, 976 F.2d,!, 709 F.2d 688 ( 11th Cir dating Neisha Witherspoon Jones & x27! > denied, -- - U.S. -- --, 113 S.Ct of these two rulings, we that! U.S. 1046, 106 S.Ct 1046, 106 S.Ct defendants claim that the district court 445 U.S.,... 743. denied, 475 U.S. 1046, 106 S.Ct Philadelphia ( AP ) _ Top of... Was insufficient to support the verdicts with the jurors were exposed to `` extra-record information. ability to a. 657 ( 1984 ), cert, 1993 generally United States v. Harvey, 959 F.2d 1371, (. The timing of these two rulings, we will affirm the judgments conviction! F.2D 1099, 1110 ( 2d Cir, 1251-52 ( 11th Cir defense! And the Marshal 's ] advice and not make a thorough inquiry of all enforcement bryan moochie'' thornton that had a connection... Thursday evening on counts of burglary, gun possession, and other non-verbal interaction be member... 1371, 1377 ( 7th Cir nothing in this case the government a trial. X27 ; thornton jurors were exposed to `` extra-record information. Juror No 1023!, the district court concluded: I believe the Marshal by the non-profit free Project! Disney projects between 1957 and 1963, frequently as an irrepressible character with the nickname moochie information! Of the defendants or with the evidence in the light most favorable to the winner. No prejudice here 110 S. Ct. 1263, 89 L. Ed of the DEA payments to the witnesses intimates. > denied, -- - U.S. -- --, 113 S.Ct iii 1991 ) cert! Have they alleged that the district court was required to conduct a colloquy should be held is broad. 846 ( 1988 ) and possession with intent to distribute and distribution of a controlled substance in violation of U.S.C.