bryan moochie'' thorntonbryan moochie'' thornton

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. 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." Filed: at 93. That is sufficient for joining these defendants in a single trial. 3 protested too much and I just don't believe her. The defendants argue that the district court was required to conduct a colloquy with the jurors to determine the basis for their apprehension. endobj 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." ", Thornton's citation to United States v. Ellis, 709 F.2d 688 (11th Cir. 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. The district court weighed these opposing interests and concluded that voir dire would make the problem worse. 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. I told her to contact Marshal Dennis [who] can make some kind of arrangements which will make them more comfortable. On appeal, defendants raise the same arguments they made before the district court. 12 for scowling. at 75. denied, 475 U.S. 1046, 106 S. Ct. 1263, 89 L. Ed. at 742. July 19th, 1993, Precedential Status: S.App. 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. 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. It follows that the government's failure to disclose the information does not require a new trial. 0000001186 00000 n You can explore additional available newsletters here. Only the Seventh Circuit has required that a second notice of appeal be filed in this context. The district court in this case concluded that Thornton and Jones were both leaders of the JBM and that severance was inappropriate because the defendants had failed to demonstrate that joinder would be prejudicial.5. P. 143 for abuse of discretion. 0000001005 00000 n Eufrasio, 935 F.2d at 568 (quotation and emphasis omitted). Attys., Philadelphia, PA, Joseph C. Wyderko (argued), U.S. Dept. $74.25. Obituary. The defendants concede that these four errors, taken individually, do not require a reversal of their conviction. That is hardly an acceptable excuse. See, e.g., United States v. Dansker, 537 F.2d 40, 65 (3d Cir.1976), cert. App. 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. In Dowling, the district court received a note from a juror stating that another juror "is being prejudice [sic] on this case" because she had read newspaper articles describing the defendant's extensive criminal history and discussed this information with other jurors. 935 F.2d at 568. Posted by . Sign up for our free summaries and get the latest delivered directly to you. Foley Police Department. bryan moochie'' thornton. 125 0 obj 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. On Day 13 of the trial, the government informed the court that a United States Marshal had observed "visual communication" between Juror No. Select Exit Kids Mode Window . rely on donations for our financial security. From Free Law Project, a 501(c)(3) non-profit. 935 F.2d at 568. ", 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 50-55. 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." 0000001589 00000 n About Press Copyright Contact us Creators Advertise Developers Terms Privacy Policy & Safety How YouTube works Test new features Press Copyright Contact us Creators . 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." In light of the overwhelming evidence of defendants' guilt and the marginal importance of Jamison's and Sutton's testimony to the government's case against Thornton and Jones, we conclude that "there was no reasonable probability that the outcome of [the trial] would have been different had [the evidence] been available to defendant [s] for use at trial." 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. Government of the Virgin Islands v. Dowling, 814 F.2d 134, 137 (3d Cir.1987). 263, 102 L.Ed.2d 251 (1988); see also Eufrasio, 935 F.2d at 574. 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 district court denied the motion, stating, "I think Juror No. United States Court of Appeals,Third Circuit. I told her to contact Marshal Dennis [who] can make some kind of arrangements which will make them more comfortable. Receive free daily summaries of new opinions from the US Court of Appeals for the Third Circuit . 124 0 obj 2039, 2051 n. 42, 80 L.Ed.2d 657 (1984), denied the motions on their merits. Nonetheless, not every failure to disclose requires reversal of a conviction. 0000005954 00000 n 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. 2d 150 (1992); United States v. Wilson, 894 F.2d 1245, 1251-52 (11th Cir. Sev-Kon Tekstil Sanayi Ve Dis Ticaret Ltd. Holding that appellate jurisdiction of denial of motion for new trial not contingent on second notice of appeal endobj 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. 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. I've observed him sitting here day in and day out. [He saw] Juror No. 846 (1988) and possession with intent to distribute and distribution of a controlled substance in violation of 21 U.S.C. 2d 251 (1988); see also Eufrasio, 935 F.2d at 574. (from 1 case). You're all set! 1978), cert. On Day 13 of the trial, the government informed the court that a United States Marshal had observed "visual communication" between Juror No. 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." v i l l a n o v a . 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. App. 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. ", 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. 2d 572 (1986). We review the evidence in the light most favorable to the verdict winner, in this case the government. In this case, by contrast, the district court learned from the Deputy Clerk that the jurors had expressed "a general feeling of apprehensiveness about their safety." bryan moochie'' thornton. 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. See United States v. Hashagen, 816 F.2d 899, 903-04 (3d Cir.1987) (in banc). 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. let america be america again figurative language; what happened to royal on graveyard carz See, e.g., United States v. DeVarona, 872 F.2d 114, 120 (5th Cir. United States v. Perdomo, 929 F.2d 967, 969 (3d Cir. Defendant Fields did not file a motion for a new trial before the district court. As to defendant Jones, the court stated that "the testimony by Sutton and Jamison was not critical to the government's case but rather was cumulative in view of the testimony by the government's other witnesses, the wiretaps and consensually recorded conversations, and the physical evidence utilized at trial." 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." Christopher G. Furlong (argued), Springfield, PA, for appellant Bryan Thornton. Greer v. Miller, 483 U.S. 756, 766 n. 8, 107 S. Ct. 3102, 3109 n. 8, 97 L. Ed. Motown Drug Game Muscle Chuckie Hardaway Murdered Days Removed From Walking Out Of Pen In '07 Only the Seventh Circuit has required that a second notice of appeal be filed in this context. 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. what channel is nbc on directv in arizona; farmacia ospedale perrino brindisi orari; stifle surgery horse cost; van gogh peach trees in blossom value endstream 2d 280 (1991). 1194, 10 L.Ed.2d 215 (1963), and its progeny, including information concerning arrangements with or benefits given to government witnesses. denied, --- U.S. ----, 112 S.Ct. 340, 116 L.Ed.2d 280 (1991). Greer v. Miller, 483 U.S. 756, 766 n. 8, 107 S.Ct. P. 8(b)2 de novo and the denial of a motion for severance under Fed. Bay Minette Police Department. We will address each of these allegations seriatim. Alabama Highway Patrol. ), cert. Defendants next argue that the district court erred in empaneling an anonymous jury. denied, --- U.S. ----, 112 S. Ct. 340, 116 L. Ed. 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). 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. ), cert. denied, --- U.S. ----, 112 S. Ct. 1511, 117 L. Ed. That is hardly an acceptable excuse. 924(c) (1) (1988 & Supp. 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. R. Crim. the record obituaries stockton, ca; press box football stadium; is dr amy still with dr jeff; onenote resize image aspect ratio 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.

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