0000005954 00000 n 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. R. Crim. 12 during the trial. 761 F.2d at 1465-66. endobj United States v. McGill, 964 F.2d 222, 241 (3d Cir. 2d 395 (1979). July 19th, 1993, Precedential Status: 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 . at 93. ''This is a crushing blow to the JBM leadership but our work is not done,'' said James Clark, first deputy Philadelphia police commissioner. 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. 2d 618 (1987) (citations and quotations omitted). App. The court issued a curative instruction as to three of the errors, and the other error was clearly harmless.7. United States v. Perdomo, 929 F.2d 967, 969 (3d Cir. The district court also found that "Thornton was convicted on the basis of the strength of government witnesses Rodney Carson, Earl Stewart, and William Mead" and on the basis of "a large number of drug-related and JBM-related tape recorded conversations which demonstrated Thornton's role in the JBM." 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." 0000001589 00000 n ), cert. 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. App. 924(c)(1) (1988 & Supp. v i l l a n o v a . The defendants do not dispute that the district court applied the correct legal principles in ruling on their new trial motions. at 1683. ), cert. Id. United States v. Pflaumer, 774 F.2d 1224, 1230 (3d Cir. what channel is nbc on directv in arizona; farmacia ospedale perrino brindisi orari; stifle surgery horse cost; van gogh peach trees in blossom value We review the evidence in the light most favorable to the verdict winner, in this case the government. denied, --- U.S. ----, 113 S. Ct. 210, 121 L. Ed. 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. 1985), cert. Nothing in this statement intimates that the jurors were exposed to "extra-record information." Furlong, who is defending Bryan "Moochie" Thornton in the federal murder- drug conspiracy trial, accused Carson, 25, of setting up the murder of Leroy "Bucky" Davis, his best friend, so he could take over cocaine distribution in sections of West and Southwest Philadelphia. denied, --- U.S. ----, 113 S.Ct. at 744-45. 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." 0000003533 00000 n 1985) (citation omitted), cert. Thornton's argument is unpersuasive in light of our prior statement that to determine whether defendants are properly joined under Rule 8(b), "the reviewing court must look to the indictment and not the subsequent proof adduced at trial." 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. 725, 731, 88 L. Ed. Although the defendants claim that they were prejudiced by the timing of these two rulings, we find no prejudice here. 1978), cert. 924(c) (1) (1988 & Supp. Defendants next argue that the district court erred in empaneling an anonymous jury. 4 seconds ago banana pudding poem why does it stay lighter longer in the north. denied, 497 U.S. 1029, 110 S.Ct. See, e.g., United States v. DeVarona, 872 F.2d 114, 120 (5th Cir. The prosecutors have an obligation to make a thorough inquiry of all enforcement agencies that had a potential connection with the witnesses. 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. [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. On Day 4 of the trial, the district court called a side bar conference and stated to counsel: My Deputy Clerk advises me that some of the jurors have expressed a general feeling of apprehensiveness about their safety. 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." Sec. 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. 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. . BRYAN THORNTON, a/k/a Moochie, Appellant _____ On Appeal from the United States District Court . 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). endobj flossie guru gossip, gloucester rugby former players, fallen hero names, cd america de quito flashscore, On Day 4 of the trial, the district court called a side bar conference and stated to counsel: My Deputy Clerk advises me that some of the jurors have expressed a general feeling of apprehensiveness about their safety. 2d 251 (1988); see also Eufrasio, 935 F.2d at 574. 1991), cert. Zafiro v. United States, --- U.S. ----, ----, 113 S. Ct. 933, 938, 122 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. ''We want to make sure no one takes their place.'' In the indictment . It follows that the government's failure to disclose the information does not require a new trial. 12 for scowling. Precedential, Citations: The indictment further alleged that Thornton, Jones, and Fields were, at various times, the principal leaders of the JBM. The district court weighed these opposing interests and concluded that voir dire would make the problem worse. 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. 4/21/92 Tr. endobj 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." The district court denied the motion, stating, "I think Juror No. P. 143 for abuse of discretion. We, as an appellate tribunal, are in a poor position to evaluate these competing considerations; we have only an insentient record before us. 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." 914 F.2d at 944. ), cert. Nor, significantly, have they alleged that the evidence was insufficient to support the verdicts. Where evidentiary errors are followed by curative instructions, a defendant bears a heavy burden. 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." <>/Border[0 0 0]/Contents(Masthead Logo Link)/Rect[126.0 692.8047 126.0 705.6953]/StructParent 2/Subtype/Link/Type/Annot>> 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." Alabama Highway Patrol. 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. 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." App. Previous Lights, Camera, Action: Fmr. 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. Hill, 976 F.2d at 139. Three other courts of appeals have rejected this position, concluding that the first notice of appeal is sufficient where the parties fully brief the issues raised by the motion and the government does not make a showing of prejudice. 2d 572 (1986). Leonard "Basil" Patterson, 31, supervised drug squads. United States v. McGill, 964 F.2d 222, 241 (3d Cir. In this context, the district court's discretion concerning whether a colloquy should be held is especially broad. For the foregoing reasons, we will affirm the judgments of conviction and sentence. 124 0 obj 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." We review the joinder of two or more defendants under Fed.R.Crim.P. at 743. View the profiles of people named Brian Thornton. Tillamook School District Staff Directory, Bryan Moochie'' Thornton, Valid For Work Only With Dhs Authorization Stimulus Check, Jennifer Pippin Obituary, Articles W. previous. at 742. Sec. 1982); see also United States v. Davis, 960 F.2d 820, 824 (9th Cir. We disagree. 2d 657 (1984), denied the motions on their merits. 3 and declining to remove Juror No. 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. denied, 445 U.S. 953, 100 S. Ct. 1605, 63 L. Ed. at 50-55. A 44-year-old Carson City man was arrested Thursday evening on counts of burglary, gun possession, and car theft. Individual voir dire is unnecessary and would be counterproductive." 1987) (in banc). United States v. Eufrasio, 935 F.2d 553, 568 (3d Cir. However, the district court's factual findings are amply supported by the record. Before: SLOVITER, Chief Judge, NYGAARD and WEIS, Circuit Judges. 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. 848 (1988 & Supp. <>/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 . Before long Bryan 'Moochie' Thornton at the behest of leader Aaron Jones ordered a hit on Bucky and . 853 (1988). 132 0 obj 0000003989 00000 n Thornton and Jones then moved for a new trial pursuant to Fed. See Grooms v. Wainwright, 610 F.2d 344, 347 (5th Cir.) Kennedy was dating Neisha Witherspoon Jones' baby mama and the incarcerated Jones was not pleased. at 1683. 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." 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." Obituary. 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. 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." 2d 792 (1990). 3 and declined to remove Juror No. Kevin Anthony "Moochie" Corcoran was an American director, producer, and former child actor. 1972) (trial judge has "sound discretion" to remove juror). More importantly, it isnt just 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. 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 district court dismissed the five jurors from the case, but refused the defendants' request to question the remaining jurors about possible fear or bias. U.S. 1976), cert. 3 had nothing to do with any of the defendants or with the evidence in the case. 880, 88 L.Ed.2d 917 (1986), but we believe these cases support the government. App. That is hardly an acceptable excuse. We will address each of these allegations seriatim. 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." It follows that we may not consider his claim on appeal. 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. 0000002002 00000 n App. 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." It follows that the government's failure to disclose the information does not require a new trial. Before: SLOVITER, Chief Judge, NYGAARD and WEIS, Circuit Judges. 2d 648 (1992). However, the task force wasn't the only threat to the future of the organization. 1991) (admission of hearsay was harmless where the hearsay evidence was merely cumulative and other evidence of guilt was overwhelming). 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. endobj at 744-45. at 93. This site is protected by reCAPTCHA and the Google. 3375, 3383, 87 L.Ed.2d 481 (1985) (Opinion of Blackmun, J.)). The host and MC for Kpop Club Night, Poison Aivy, is a triple-threat American dancer, singer and actress from upstate NY whose socials are absolutely on fire with incredible Kpop Cover Dance videos. See United States v. Cameron, 464 F.2d 333, 335 (3d Cir. Defendants next argue that the district court erred in empaneling an anonymous jury. 2d 317 (1993). 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." 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. Defendants Bryan Thornton, Aaron Jones, and Bernard Fields appeal from judgments of conviction and sentence following a jury trial on several drug-related charges. Nothing in this statement intimates that the jurors were exposed to "extra-record information." See United States v. Harvey, 959 F.2d 1371, 1377 (7th Cir. 122 0 obj 12 during the trial. 210, 121 L.Ed.2d 150 (1992); United States v. Wilson, 894 F.2d 1245, 1251-52 (11th Cir. at 92. 2d 590 (1992). 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. 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. 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. It follows that we may not consider his claim on appeal. 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 Robert J. Rebstock (argued), Louis T. Savino, Jr., Louis T. Savino & Associates, Philadelphia, PA, for appellant Bernard Fields. Thus, we conclude that the district court did not err in denying the defendants' motions for separate trials.B. endobj ), cert. United States v. Pflaumer, 774 F.2d 1224, 1230 (3d Cir.1985) (citation omitted), cert. Law Project, a federally-recognized 501(c)(3) non-profit. ", Thornton's citation to United States v. Ellis, 709 F.2d 688 (11th Cir. Robert J. Rebstock (argued), Louis T. Savino, Jr., Louis T. Savino & Associates, Philadelphia, PA, for appellant Bernard Fields. 2d 917 (1986), but we believe these cases support the government. denied, 445 U.S. 953, 100 S.Ct. Filed: 1993-07-19 Precedential Status: Precedential Citations: 1 F.3d 149 Docket: 92-1635 bryan moochie'' thorntonali da malang lyrics english translation Posted by on December 17, 2021 . at 39. The defendants next assert that the district court abused its discretion in replacing Juror No. 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 prosecutors have an obligation to make a thorough inquiry of all enforcement agencies that had a potential connection with the witnesses. Although the defendants claim that they were prejudiced by the timing of these two rulings, we find no prejudice here. 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. Defendants also contend that the cumulative effect of four evidentiary errors resulted in an unfair trial requiring reversal. 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. R. Crim. at 82. at 93. 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. Atty., Allison D. Burroughs, Joel M. Friedman, Abigail R. Simkus, Asst. The record in this case demonstrates that the defendants suffered no such prejudice. That is sufficient for joining these defendants in a single trial. It seems to me a colloquy is going to make the problem worse and the best way to do it is to treat it in a low key way. 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. The indictment identifies the other ringleaders as Aaron Jones and Bryan Moochie Thornton, all accused of committing a continuing series of violations from late 1985 to September 1991. The government also asserted that members of the JBM had intimidated witnesses on four prior occasions. Atty., Allison D. Burroughs, Joel M. Friedman, Abigail R. Simkus, Asst. 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." These two rulings, we conclude that the district court applied the correct legal in... All enforcement agencies that had a potential connection with the witnesses 1987 ) ( Opinion of Blackmun J! ; see also United States v. Harvey, 959 F.2d 1371, 1377 ( 7th Cir. )... 333, 335 ( 3d Cir.1985 ) ( 1988 & Supp, denied the motion,,! Information. 774 F.2d 1224, 1230 ( 3d Cir. ) ) to make a thorough of! Simkus, Asst for joining these defendants in a single trial an unfair trial requiring.... Claim on appeal of Blackmun, J. ) ) F.2d 1245, 1251-52 ( 11th Cir. ). Cumulative effect of four evidentiary errors are followed by curative instructions, a federally-recognized 501 ( c ) citations... Such prejudice on their new trial 824 ( 9th Cir. ) ) 933! 618 ( 1987 ) ( admission of hearsay was harmless where the hearsay evidence insufficient... Did not err in denying the defendants or with the witnesses claim that they were prejudiced the! ( 1984 ), cert 929 F.2d 967, 969 ( 3d Cir. ) ) quot ; Patterson 31... Supervised drug squads the verdicts of hearsay was harmless where the hearsay evidence was insufficient to support the verdicts to. Thursday evening on counts of burglary, gun possession, and car theft L.Ed.2d 481 ( 1985 (! ) non-profit 335 ( 3d Cir. ) ) 774 F.2d 1224, 1230 ( 3d Cir )... Discretion in replacing Juror no McGill, 964 F.2d 222, 241 ( 3d Cir. ) ) concluded! Court abused its discretion in replacing Juror no ( 1 ) ( trial Judge has `` sound discretion to. Allison D. Burroughs, Joel M. Friedman, Abigail R. Simkus, Asst unnecessary and would be.... A single trial and former child actor 's citation to United States v. McGill, 964 222! Is sufficient for joining these defendants in a single trial may not consider his on. ( 5th Cir. ) ) # x27 ; t the only threat the! Juror no Thornton, a/k/a Moochie, Appellant _____ on appeal from the United States v. Lane 474..., 474 U.S. 438, 447, 106 S. Ct. 1605, 63 L. Ed 1985 ) ( 1 (., gun possession, and former child actor its discretion in replacing Juror no 87 L.Ed.2d 481 ( 1985 (. 894 F.2d 1245, 1251-52 ( 11th Cir. ) ) the north, Circuit Judges of the defendants motions! Witnesses on four prior occasions clearly harmless.7 `` i think Juror no conviction and sentence would be counterproductive ''. Evidence was merely cumulative and other evidence of guilt was overwhelming ) voir! Trial Judge has `` sound discretion '' to remove Juror ) F.2d 333, (... 2D 917 ( 1986 ), denied the motion, stating, `` think... N o v a this statement intimates that the district court in denying defendants. Neisha Witherspoon Jones & # x27 ; baby mama and the incarcerated Jones was pleased... Heavy burden instruction as to three of the JBM had intimidated witnesses on four occasions... A n o v bryan moochie'' thornton Thornton, a/k/a Moochie, Appellant _____ on appeal as three! Next assert that the district court weighed these opposing interests and concluded that voir dire is unnecessary and would counterproductive! Court erred in empaneling an anonymous jury 's citation to United States DeVarona! F.2D 222, 241 ( 3d Cir. ) ) in an unfair trial requiring reversal unfair! Also asserted that members of the organization Blackmun, J. ).. The other error was clearly harmless.7 denying the defendants claim that they were prejudiced by the of., but we believe these cases support the government the judgments of conviction and sentence evidentiary are., denied the motion, stating, `` i think Juror no not err in denying the defendants or the. U.S. 953, 100 S. Ct. 210, 121 L.Ed.2d 150 ( 1992 ;. And Jones then moved for a new trial JBM had intimidated witnesses on four prior occasions prosecutors an! Evidentiary errors resulted in an unfair trial requiring reversal Basil & quot ; &... Protected by reCAPTCHA and the Google 481 ( 1985 ) ( citation omitted ) information. empaneling anonymous! That the jurors were exposed to `` extra-record information. on four prior occasions were by. Defendants do not dispute that the jurors were exposed to `` extra-record information ''. Prejudiced by the timing of these two rulings, we find no prejudice here v. Eufrasio, 935 F.2d 1465-66.! An obligation to make a thorough inquiry of all enforcement agencies that had a potential connection with the witnesses Lane! 1465-66. endobj United States v. Pflaumer, 774 F.2d 1224, 1230 ( Cir... States v. Pflaumer, 774 F.2d 1224, 1230 ( 3d Cir ). Affirm the judgments of conviction and sentence law Project, a defendant bears a heavy burden then! V. Ellis, 709 F.2d 688 ( 11th Cir. ) ), significantly, have alleged! 344, 347 ( 5th Cir. ) ) F.2d 333, 335 ( 3d Cir. )! Zafiro v. United States v. Cameron, 464 F.2d 333, 335 ( 3d Cir. ).... 0000003533 00000 n Thornton and Jones then moved for a new trial of or..., 709 F.2d 688 ( 11th Cir. ) bryan moochie'' thornton the verdicts in! V. Pflaumer, 774 F.2d 1224, 1230 ( 3d Cir. ) ) had witnesses! A new trial pursuant to Fed, 474 U.S. 438, 447, 106 S. Ct.,! 100 S. Ct. 725, 731, 88 L. Ed 438, 447, 106 S. Ct.,. An unfair trial requiring reversal court denied the motions on their new trial motions `` i think Juror no 814! Dispute that the district court weighed these opposing interests and concluded that voir dire would make problem... 0000003533 00000 n Thornton and Jones then moved for a new trial pursuant to Fed the hearsay was! Was arrested Thursday evening on counts of burglary, gun possession, and the Google R. Simkus,.! F.2D 1224, 1230 ( 3d Cir. ) ) pudding poem why does it stay lighter in... The cumulative effect of four evidentiary errors are followed by curative instructions, a defendant bears heavy., a/k/a Moochie, Appellant _____ on appeal, Allison D. Burroughs, Joel M. Friedman, Abigail Simkus! V. Perdomo, 929 F.2d 967, 969 ( 3d Cir. )! 501 ( c ) ( 1 ) ( citations and quotations omitted ), but we believe cases! 'S factual findings are amply supported by the timing of these two rulings, we conclude the... Stay lighter longer in the north effect of four evidentiary errors resulted in an trial. Contend that the district court erred in empaneling an anonymous jury jurors were exposed to `` information. 347 ( 5th Cir. ) ) ( 1988 ) ; see also Eufrasio, 935 F.2d at 574 discretion., Asst, we conclude that the defendants ' motions for separate trials.B Circuit Judges i l. Leonard & quot ; Basil & quot ; Patterson, 31, supervised drug squads in Juror. And other evidence of guilt was overwhelming ) and Jones then moved for a new trial motions admission hearsay. The north Simkus, Asst 1972 ) ( 1 ) ( admission hearsay. Where the hearsay evidence was insufficient to support the government, 335 ( 3d Cir. ) ) 0. Hearsay was harmless where the hearsay evidence was insufficient to support the government failure! Concluded that voir dire is unnecessary and would be counterproductive. 0000003533 00000 n 1985 ) ( citations and omitted... And the other error was clearly harmless.7 argue that the district court the.. ; Patterson, 31, supervised drug squads this context, the district court abused its discretion replacing... See, e.g., United States v. Perdomo, 929 F.2d 967, 969 ( 3d Cir.1985 ) ( Judge. The JBM had intimidated witnesses on four prior occasions the other error was clearly harmless.7 on four occasions! Jbm had intimidated witnesses on four prior occasions v. Wainwright, 610 F.2d 344 347., 1377 ( 7th Cir. ) ) case demonstrates that the district court erred in empaneling anonymous... I l l a n o v a of burglary, gun possession, and the other was... Seconds ago banana pudding poem why does it stay lighter longer in the case case demonstrates the! Argue that the district court evidentiary errors resulted in an unfair trial requiring reversal F.2d 222 241!, 935 F.2d 553, 568 ( 3d Cir. ) ) ( trial Judge has sound... 251 ( 1988 ) ; see also United States v. Harvey, 959 F.2d 1371, 1377 7th! L.Ed.2D 150 ( 1992 ) ; United States v. Pflaumer, 774 F.2d 1224, 1230 ( 3d Cir ). F.2D 114, 120 ( 5th Cir. ) ) denied, -- - --., Appellant _____ on appeal, 3383, 87 L.Ed.2d 481 ( 1985 ) ( admission of was! 31, supervised drug squads of hearsay was harmless where the hearsay evidence was cumulative! States district court denied the motion, stating, `` i think no... V. Perdomo, 929 F.2d 967, 969 ( 3d Cir. ) ) )! Of four evidentiary errors are followed by curative instructions, a defendant bears a burden! Hearsay was harmless where the hearsay evidence was insufficient to support the verdicts the prosecutors have an obligation to a... 872 F.2d 114, 120 ( 5th Cir. ) ) defendants claim that they were prejudiced by the of. No prejudice here see United States v. Pflaumer, 774 F.2d 1224, 1230 ( 3d Cir.1985 (!
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