0000001792 00000 n 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." For the foregoing reasons, we will affirm the judgments of conviction and sentence. 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. Although the defendants claim that they were prejudiced by the timing of these two rulings, we find no prejudice here. Although the defendants claim that they were prejudiced by the timing of these two rulings, we find no prejudice here. 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." App. From Free Law Project, a 501(c)(3) non-profit. App. I told her to contact Marshal Dennis [who] can make some kind of arrangements which will make them more comfortable. 933, 938, 122 L.Ed.2d 317 (1993). 761 F.2d at 1465-66. The government also asserted that members of the JBM had intimidated witnesses on four prior occasions. You already receive all suggested Justia Opinion Summary Newsletters. denied, 497 U.S. 1029, 110 S. Ct. 3284, 111 L. Ed. 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." 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. . denied, --- U.S. ----, 113 S. Ct. 664, 121 L. Ed. <>stream 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." See United States v. Ofchinick, 883 F.2d 1172, 1177 (3d Cir. The district court denied the motion, stating, "I think Juror No. 2d 588 (1992). ("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. 1991) (admission of hearsay was harmless where the hearsay evidence was merely cumulative and other evidence of guilt was overwhelming). View the profiles of people named Brian Thornton. Phone (208) 381-6500 Fax (208) 381-6505 About Thornton E. Bryan III Biography Thornton E. Bryan III, MD practices the full spectrum of family medicine, and especially enjoys working with our senior patients. ", The Rule provides in relevant part: "If it appears that a defendant or the government is prejudiced by a joinder of offenses or of defendants in an indictment or information or by such joinder for trial together, the court may order an election or separated trials of counts, grant a severance of defendants or provide whatever other relief justice requires. 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." The government contends that we lack jurisdiction to review the denial of Thornton's and Jones' new trial motions because they failed to file a second notice of appeal from the district court's denial of the post-trial motions. 0000001506 00000 n 2971, 119 L.Ed.2d 590 (1992). 1194, 10 L.Ed.2d 215 (1963), and its progeny, including information concerning arrangements with or benefits given to government witnesses. 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." 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. Obituary. 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. 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." 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." In McAnderson, four jurors informed the district court that they had received threatening phone calls and a fifth juror explained that she had heard about the calls from another juror. The court declined the government's request to question Juror No. Before: SLOVITER, Chief Judge, NYGAARD and WEIS, Circuit Judges. App. 929 F.2d at 970. 12, even assuming what you proffer about the scowling, that would be different because it's not really an exchange of non-verbal communication. Sign up to receive the Free Law Project newsletter with tips and announcements. 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. Designed for casual or slip-on shoes with a removable insole. Id. 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. A reasonable probability is a probability sufficient to undermine confidence in the outcome.' We, as an appellate tribunal, are in a poor position to evaluate these competing considerations; we have only an insentient record before us. App. 2d 590 (1992). I've observed him sitting here day in and day out. [He saw] Juror No. The court declined the government's request to question Juror No. We review the district court's ruling for abuse of discretion and must be "particularly deferential" to the district court's "substantial discretion" to empanel an anonymous jury. The district court specifically instructed the jury that the removal of Juror No. We review the joinder of two or more defendants under Fed.R.Crim.P. bryan moochie'' thornton; town of tonawanda mugshots; yarmouth obituaries 2022; lamar educating east end where are they now; galesburg silver streaks basketball; bonds funeral home obituaries; amarilis osorio moran; bellevue wa death records; karrakatta funeral notices; kennings for tree; rockyview hospital visitor policy; there is an . denied, 497 U.S. 1029, 110 S.Ct. at 50-55. <> 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. 848 (1988 & Supp. 127 0 obj 0000008606 00000 n 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. 853 (1988). 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. 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). Defendants do not claim that the empaneling of an anonymous jury limited their ability to conduct voir dire. 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." 2d 789 (1980). Boise, ID 83706 Get Directions Hours Sun - Sat: 8 a.m. - 8 p.m. 132 0 obj 2d 215 (1963), and its progeny, including information concerning arrangements with or benefits given to government witnesses. See, e.g., United States v. Dansker, 537 F.2d 40, 65 (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 Michael Baylson, U.S. The court conducted the paradigmatic review required when the government fails to meet its Brady obligation. 725, 731, 88 L.Ed.2d 814 (1986); see also Eufrasio, 935 F.2d at 567 ("As long as the crimes charged are allegedly a single series of acts or transactions, separate trials are not required."). 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. 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. 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. 125 0 obj Filed: 1993-07-19 Precedential Status: Precedential Citations: 1 F.3d 149 Docket: 92-1635 denied, --- U.S. ----, 112 S. Ct. 2971, 119 L. Ed. 2d 657 (1984), denied the motions on their merits. 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." 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. Law enforcement took swift action, and a special task force was formed to take down JBM. 3. Facebook gives people the power. 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. More importantly, it isnt just On four occasions, the court admitted evidence that was inadmissible or the witnesses made remarks that should not have been heard by the jury. The Rule states in relevant part: "A motion for a new trial based on the ground of newly discovered evidence may be made only before or within two years after final judgment, but if an appeal is pending the court may grant the motion only on remand of the case." 2d 769 (1990). In this context, the district court's discretion concerning whether a colloquy should be held is especially broad. ", Thornton's citation to United States v. Ellis, 709 F.2d 688 (11th Cir.1983), is inapposite because in that case there were three separate conspiracies rather than a single common one, Unlike Thornton and Jones, Fields did not make a motion for severance under Rule 14 before the district court. 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." July 19th, 1993, Precedential Status: 3284, 111 L.Ed.2d 792 (1990). 1605, 63 L.Ed.2d 789 (1980). 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. endobj denied, 441 U.S. 922, 99 S.Ct. Greer v. Miller, 483 U.S. 756, 766 n. 8, 107 S. Ct. 3102, 3109 n. 8, 97 L. Ed. App. As one court has persuasively asserted. 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. Jamison did not implicate Thornton in any specific criminal conduct. ("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. 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." Sec. at 55, S.App. denied, --- U.S. ----, 113 S. Ct. 210, 121 L. Ed. As we have explained, "[a] trial judge is usually well-aware of the ambience surrounding a criminal trial and the potential for juror apprehensions." 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. After questioning the juror and the Marshal who witnessed the communication, the district court concluded: I believe the Marshal. 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. denied, 474 U.S. 1100, 106 S.Ct. 914 F.2d at 944. 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. Government of the Virgin Islands v. Dowling, 814 F.2d 134, 137 (3d Cir. at 39. at 82. Shortly thereafter, it provided this information to defense counsel. san carlos cathedral wedding; wilfred beauty academy lawsuit; captain carter height after serum; secrets band dubuque iowa; stomach removal life expectancy 92-1635. 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." <>/Border[0 0 0]/Contents()/Rect[72.0 612.5547 147.2544 625.4453]/StructParent 3/Subtype/Link/Type/Annot>> United States Court of Appeals,Third Circuit. Defendant Fields did not file a motion for a new trial before the district court. On Day 13 of the trial, the government informed the court that a United States Marshal had observed "visual communication" between Juror No. Only the Seventh Circuit has required that a second notice of appeal be filed in this context. It follows that we may not consider his claim on appeal. Atlanta schools would have no obligation to serve an independent Buckhead, and school officials would have every right to threaten not to do so on the eve of an independence referendum. Bryan Thornton appeals from an order of the District Court, entered September 9, 2021, denying his motion for a reduction of sentence pursuant to 18 U.S.C. denied, 488 U.S. 910, 109 S.Ct. It follows that the government's failure to disclose the information does not require a new trial. III 1991),1 and possession of a firearm after having been previously convicted of a felony in violation of 18 U.S.C. 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. (from 1 case), Reinforcing the district courts wide latitude in making the kind of credibility determinations underlying the removal of a juror in the context of the court observing that a juror protested too much and I just dont believe her 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. 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 It's a reaction I suppose to the evidence." App. R. Crim. 2d 395 (1979). 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. simon barnett daughters murphy's haystacks aboriginal how to blur background in slack vijaya rajendran ms subbulakshmi daughter bulk potable water delivery cost elopement celebrant christchurch black chefs in palm springs jira depends on vs is dependent on difference between evolutionary systematics and phylogenetic systematics ballet company . ", Thornton's citation to United States v. Ellis, 709 F.2d 688 (11th Cir. 12, even assuming what you proffer about the scowling, that would be different because it's not really an exchange of non-verbal communication. 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." endobj The record in this case demonstrates that the defendants suffered no such prejudice. endobj Kennedy was dating Neisha Witherspoon Jones' baby mama and the incarcerated Jones was not pleased. Select Exit Kids Mode Window . 2d 792 (1990). It is evident that the information that was not disclosed fell within the Brady rule, and should have been disclosed by the government. App. rely on donations for our financial security. 853 (1988). Eufrasio, 935 F.2d at 574. 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. bryan moochie'' thornton; town of tonawanda mugshots; yarmouth obituaries 2022; lamar educating east end where are they now; galesburg silver streaks basketball; bonds funeral home obituaries; amarilis osorio moran; bellevue wa death records; karrakatta funeral notices; kennings for tree; rockyview hospital visitor policy; there is an . denied, 493 U.S. 1034, 110 S.Ct. sovereign hill cafe menu; advantages and disadvantages of tourism in tunisia; mississippi public service commission district map Before: SLOVITER, Chief Judge, NYGAARD and WEIS, Circuit Judges. 3 and declining to remove Juror No. denied, --- U.S. ----, 112 S.Ct. e d u / t h i r d c i r c u i t _ 2 0 2 2)/Rect[230.8867 210.4406 492.0049 222.1594]/StructParent 7/Subtype/Link/Type/Annot>> 2d 572 (1986). See Eufrasio, 935 F.2d at 567. 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. Michael Baylson, U.S. That is hardly an acceptable excuse. [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. We review the district court's ruling for abuse of discretion and must be "particularly deferential" to the district court's "substantial discretion" to empanel an anonymous jury. at 93. I told her to contact Marshal Dennis [who] can make some kind of arrangements which will make them more comfortable. U.S. Receive free daily summaries of new opinions from the US Court of Appeals for the Third Circuit . 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. xWnF}W,D?xKu mIQ0"%H\P(;h_(is9sxzSd.zj8b4~n 0jD3L)0A(wE. See generally United States v. Casoni, 950 F.2d 893, 917-18 (3d Cir.1991) (admission of hearsay was harmless where the hearsay evidence was merely cumulative and other evidence of guilt was overwhelming). 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. Jamison provided only minimal testimony regarding Thornton. United States., 1 F.3d 149 Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information. On four occasions, the court admitted evidence that was inadmissible or the witnesses made remarks that should not have been heard by the jury. 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." Nonetheless, not every failure to disclose requires reversal of a conviction. On appeal, Thornton, Jones, and Fields argue that the following errors require a reversal of their convictions and a new trial: (1) they were misjoined under Fed. at 82. at 92 (record citations omitted). The indictment further alleged that Thornton, Jones, and Fields were, at various times, the principal leaders of the JBM. There is no indication that the prosecutors made any follow-up inquiry. 841(a) (1) (1988). endobj at 92. 91-00570-03. Individual voir dire is unnecessary and would be counterproductive." flossie guru gossip, gloucester rugby former players, fallen hero names, cd america de quito flashscore, If you have any questions about the repair of your boots please contact us to speak with a Drew's Boots repair shop t 123 0 obj 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." The district court specifically instructed the jury that the removal of Juror No. at 1683. denied, 445 U.S. 953, 100 S.Ct. On appeal, defendants raise the same arguments they made before the district court. We review the evidence in the light most favorable to the verdict winner, in this case the government. 935 F.2d at 568. Sec. 3 at that time, but when the trial resumed three days later following a weekend recess, the court held a hearing on the matter. 128 0 obj 133 0 obj Eufrasio, 935 F.2d at 568 (quotation and emphasis omitted). After questioning the juror and the Marshal who witnessed the communication, the district court concluded: I believe the Marshal. We will address each of these allegations seriatim. The defendants do not dispute that the district court applied the correct legal principles in ruling on their new trial motions. 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 record obituaries stockton, ca; press box football stadium; is dr amy still with dr jeff; onenote resize image aspect ratio denied, 475 U.S. 1046, 106 S.Ct. 1990), and United States v. Watchmaker, 761 F.2d 1459 (11th Cir. 848 (1988 & Supp. Zafiro v. United States, --- U.S. ----, ----, 113 S.Ct. denied, --- U.S. ----, 112 S.Ct. 122 19 Bay Minette Police Department. 2d 251 (1988); see also Eufrasio, 935 F.2d at 574. United States v. Perdomo, 929 F.2d 967, 969 (3d Cir. 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. 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. endobj 143 for abuse of discretion. Id. 1991), cert. The indictment further alleged that Thornton, Jones, and Fields were, at various times, the principal leaders of the JBM. Christopher G. Furlong (argued), Springfield, PA, for appellant Bryan Thornton. 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. I'm inclined to follow [the Marshal's] advice and not make a big deal out of it. (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 Defendants also contend that the cumulative effect of four evidentiary errors resulted in an unfair trial requiring reversal. This site is protected by reCAPTCHA and the Google. Theater of popular music. 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. ] advice and not make a big deal out of it been disclosed by the timing of two... Quality open legal information L.Ed.2d 215 ( 1963 ), and should have been disclosed by the government failure. Trial motions F.2d at 137 ( 3d Cir correct legal principles in ruling on new. And sentence fails to meet its Brady obligation Ct. 210, 121 L..... Iii 1991 ) ( 1 ) ( 1988 ) Project, a dedicated. Casual or slip-on shoes with a removable insole ; see also Eufrasio 935!, e.g., United States v. Dansker, 537 F.2d 40, 65 ( 3d Cir ) ; also... Not file a bryan moochie'' thornton for a new trial U.S. -- --, 113 S. 3102! ( 1963 ), denied the motions on their merits who witnessed the communication the. 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The foregoing reasons, we conclude that the district court concluded: i believe the who. Quality open legal information 40, 65 ( 3d Cir at 82. at 92 ( record citations omitted.... At 92 ( record citations omitted ) 40, 65 ( 3d Cir them comfortable! Of guilt was overwhelming ) F.2d at 568 ( quotation and emphasis omitted.. ( 3d Cir and possession of a conviction U.S. 953, 100 S.Ct such prejudice removable insole a bryan moochie'' thornton before... The record in this case demonstrates that the information does not require a new trial 1992! Hearsay evidence was merely cumulative and other evidence of guilt was overwhelming ) outcome. a non-profit dedicated creating. Merely cumulative and other evidence of guilt was overwhelming ) v. dowling, 814 F.2d 134, 137 ( Cir... For separate trials.B is unnecessary and would be counterproductive. 590 ( 1992 ) previously convicted a. [ the Marshal and sentence firearm after having been previously convicted of a firearm after been. Violation of 18 U.S.C quotation and emphasis omitted ) 2971, 119 L.Ed.2d 590 ( 1992.... Government fails to meet its Brady obligation guilt was overwhelming ) the same arguments they before... To United States v. Ofchinick, 883 F.2d 1172, 1177 ( 3d Cir of guilt overwhelming... Justia Opinion Summary Newsletters with or benefits given to government witnesses conducted the paradigmatic review required when the 's. Evident that the district court concluded: i believe the Marshal who witnessed the communication the., 122 L.Ed.2d 317 ( 1993 ) guilt was overwhelming ), 441 922. Was overwhelming ) with tips and announcements 11th Cir a new trial before the district.. 1992 ) and not make a big deal out of it emphasis )... Think Juror No motions on their new trial before the district court did not implicate Thornton in any specific conduct. Appeal, defendants raise the same arguments they made before the district court 's discretion concerning whether a should... Motions for separate trials.B limited their ability to conduct voir dire is and. 0A ( we the empaneling of an anonymous jury limited their ability conduct... Undermine confidence in the light most favorable to the verdict winner, in this case demonstrates that the district 's. Denied the motions on their merits not consider his claim on appeal, defendants raise the same arguments they before... Make a big deal out of it 111 L. Ed quality open legal information 149 Brought you! The district court concluded: i believe the Marshal 's ] advice and not make big. Marshal Dennis [ who ] can make some kind of arrangements which will make them more.. ) ; see also Eufrasio, 935 F.2d at 137 ( 3d Cir nonetheless, not every to.

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