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* We find no abuse of discretion by the district court. July 19th, 1993, Precedential Status: 922(g)(1) (1988). It follows that we may not consider his claim on appeal. 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. Nonetheless, not every failure to disclose requires reversal of a conviction. 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. macken funeral home rochester, mn obituaries; hsbc us bloomberg. Nor, significantly, have they alleged that the evidence was insufficient to support the verdicts. 12, even assuming what you proffer about the scowling, that would be different because it's not really an exchange of non-verbal communication. denied, 475 U.S. 1046, 106 S.Ct. The court conducted the paradigmatic review required when the government fails to meet its Brady obligation. You're all set! App. Infighting and internal feuds disrupted the once smooth running operation. R. Crim. App. United States v. Gilsenan, 949 F.2d 90, 96 (3d Cir.1991), cert. The district court denied the motion, stating, "I think Juror No. at 49. 127 0 obj Eufrasio, 935 F.2d at 568 (quotation and emphasis omitted). ), cert. View the profiles of people named Brian Thornton. denied, 441 U.S. 922, 99 S. Ct. 2030, 60 L. Ed. 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." Id. The district court weighed these opposing interests and concluded that voir dire would make the problem worse. of Justice, Washington, DC, for appellee. 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." endobj at 744-45. United States v. Eufrasio, 935 F.2d 553, 568 (3d Cir. 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. Jamison provided only minimal testimony regarding Thornton. Filed: 1993-07-19 Precedential Status: Precedential Citations: 1 F.3d 149 Docket: 92-1635 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 Theater of popular music. 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." 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. A collection of correspondences between Nancy and Ronald Reaga 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. " Pennsylvania v. Ritchie, 480 U.S. 39, 57, 107 S.Ct. 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. Argued July 8, 1993.Decided July 19, 1993. Address 701 E. Parkcenter Blvd. 1972) (trial judge has "sound discretion" to remove juror). Although the defendants claim that they were prejudiced by the timing of these two rulings, we find no prejudice here. However, the district court's factual findings are amply supported by the record. 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). Zafiro v. United States, --- U.S. ----, ----, 113 S.Ct. Daphe Police Department. 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. P. 33 on the ground of newly discovered evidence,8 asserting that the failure to disclose the DEA payments deprived them of the ability to cross-examine effectively two witnesses whose testimony and credibility were central to the government's case. The defendants next assert that the district court abused its discretion in replacing Juror No. 3375, 3383, 87 L.Ed.2d 481 (1985) (Opinion of Blackmun, J.)). App. 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." Sec. 133 0 obj l a w . Id. Sign up to receive the Free Law Project newsletter with tips and announcements. U.S. United States v. Eufrasio, 935 F.2d 553, 568 (3d Cir. Atty., Allison D. Burroughs, Joel M. Friedman, Abigail R. Simkus, Asst. 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. 123 0 obj 664, 121 L.Ed.2d 588 (1992). See generally United States v. Casoni, 950 F.2d 893, 917-18 (3d Cir. 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. The U.S. District Court jury convicted and sentenced the three reputed leaders of the JBM, specifying they relinquish more than $12 million in drug profits. App. 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. 1992). 2d 792 (1990). 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. In Perdomo, we held that "the prosecution is obligated to produce certain evidence actually or constructively in its possession or accessible to it." 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. In its motion requesting jury anonymity, the government argued that the defendants' history of extreme violence, the extensive press coverage surrounding the JBM's activities, and the murder charges brought in state court against Thornton and Jones could cause the jury to be apprehensive about its physical safety. At argument, the government advised the court that it requested that the FBI and DEA agents advise it of any payments that would have to be disclosed under Brady, that the FBI agents responded but that the DEA agents made no response. 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. We understand the government's brief to explain that the prosecutors themselves did not know of the DEA payments to the witnesses. Eufrasio, 935 F.2d at 574. In Watchmaker, the district court met privately with one of the jurors who stated that she feared for her safety and reported that other jurors shared her apprehensiveness. at 742. ), cert. In Watchmaker, the district court met privately with one of the jurors who stated that she feared for her safety and reported that other jurors shared her apprehensiveness. See United States v. Hashagen, 816 F.2d 899, 903-04 (3d Cir. 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. The government also asserted that members of the JBM had intimidated witnesses on four prior occasions. 0000002002 00000 n However, the district court's factual findings are amply supported by the record. (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 As one court has persuasively asserted. <>/Border[0 0 0]/Contents(Opinions of the United States Court of Appeals for the Third Circuit)/Rect[431.606 623.5547 540.0 636.4453]/StructParent 4/Subtype/Link/Type/Annot>> Hill, 976 F.2d at 139. Defendants also contend that the cumulative effect of four evidentiary errors resulted in an unfair trial requiring reversal. endobj The district court ordered the trial of these three defendants to be severed from the remaining defendants, and then denied motions by Thornton and Jones for separate trials. After questioning the juror and the Marshal who witnessed the communication, the district court concluded: I believe the Marshal. Select Exit Kids Mode Window . We review the evidence in the light most favorable to the verdict winner, in this case the government. United States Court of Appeals,Third Circuit. 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. 2d 648 (1992). United States v. Scarfo, 850 F.2d 1015, 1023 (3d Cir. 761 F.2d at 1465-66. 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. App. 2d 618 (1987) (citations and quotations omitted). $74.25. at 1683. 12 during the trial. In this context, the district court's discretion concerning whether a colloquy should be held is especially broad. 12 for scowling. 3 at that time, but when the trial resumed three days later following a weekend recess, the court held a hearing on the matter. denied, 474 U.S. 1100, 106 S.Ct. Facebook gives people the power. "), cert. 2d 748 (1977). 2d 150 (1992); United States v. Wilson, 894 F.2d 1245, 1251-52 (11th Cir. endobj The defendants do not dispute that the district court applied the correct legal principles in ruling on their new trial motions. See United States v. Harvey, 959 F.2d 1371, 1377 (7th Cir. <>/Border[0 0 0]/Contents(Masthead Logo Link)/Rect[126.0 692.8047 126.0 705.6953]/StructParent 2/Subtype/Link/Type/Annot>> 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. Share this: Facebook Twitter Google+ Pinterest Email to a Friend. United States v. Gilsenan, 949 F.2d 90, 96 (3d Cir. 18+ Event, guests MUST bring ID, no Photocopies, no refund (Unless cancelled or postponed). 124 0 obj I've observed him sitting here day in and day out. [He saw] Juror No. xref 732, 50 L.Ed.2d 748 (1977). 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. 2d 40 (1987) (quoting United States v. Bagley, 473 U.S. 667, 682, 105 S. Ct. 3375, 3383, 87 L. Ed. There is no indication that the prosecutors made any follow-up inquiry. at 50-55. denied, 488 U.S. 910, 109 S. Ct. 263, 102 L. Ed. 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." 0000001792 00000 n 3284, 111 L.Ed.2d 792 (1990). 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. at 92 (record citations omitted). denied, --- U.S. ----, 113 S. Ct. 664, 121 L. Ed. 122 0 obj In Perdomo, we held that "the prosecution is obligated to produce certain evidence actually or constructively in its possession or accessible to it." Thornton and Jones then moved for a new trial pursuant to Fed. In addition, Thornton and Jones were convicted of participating in a continuing criminal enterprise in violation of 21 U.S.C. Filed: I've observed him sitting here day in and day out. [He saw] Juror No. From Free Law Project, a 501(c)(3) non-profit. <>/MediaBox[0 0 612 792]/Parent 119 0 R/Resources<>/Font<>/ProcSet[/PDF/Text/ImageC]/XObject<>>>/Rotate 0/StructParents 0/Tabs/S/Type/Page>> We Bryan was a kind and gentle soul that left behind a beautiful wife Monica Mendez Thornton whom he loved more than anything on this earth, his loving parents Bill . See, e.g., United States v. Dansker, 537 F.2d 40, 65 (3d Cir. 2d 588 (1992). 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."). ", 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. denied, 445 U.S. 953, 100 S. Ct. 1605, 63 L. Ed. Receive free daily summaries of new opinions from the US Court of Appeals for the Third Circuit . S.App. 841(a) (1) (1988). 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." The court issued a curative instruction as to three of the errors, and the other error was clearly harmless.7. 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. See, e.g., United States v. DeVarona, 872 F.2d 114, 120 (5th Cir. hippie fest 2022 michigan; family picture poses for 5 adults; unforgettable who killed rachel; pacific northwest college of art notable alumni; adler sense of belonging family constellation; [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. 0000003084 00000 n 0000008606 00000 n Where evidentiary errors are followed by curative instructions, a defendant bears a heavy burden. 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." Before: SLOVITER, Chief Judge, NYGAARD and WEIS, Circuit Judges. Eufrasio, 935 F.2d at 574. at 92. Join Facebook to connect with Brian Thornton and others you may know. 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. xWnF}W,D?xKu mIQ0"%H\P(;h_(is9sxzSd.zj8b4~n 0jD3L)0A(wE. 140 0 obj App. 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. Obituary. brandon fugal wife; lucky 13 magazine 450 bushmaster. III 1991),1 and possession of a firearm after having been previously convicted of a felony in violation of 18 U.S.C. Boise, ID 83706 Get Directions Hours Sun - Sat: 8 a.m. - 8 p.m. In this context, the district court's discretion concerning whether a colloquy should be held is especially broad. 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. 126 0 obj 3 had nothing to do with any of the defendants or with the evidence in the case. endobj 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. 3 and defendant Fields consisting of smiles, nods of assent, and other non-verbal interaction. A reasonable probability is a probability sufficient to undermine confidence in the outcome.' ), cert. 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. 922(g) (1) (1988). 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. 753, 107 L.Ed.2d 769 (1990). 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 don't really see the need for a colloquy but I'll be glad to hear the other side. at 1683. denied, 429 U.S. 1038, 97 S. Ct. 732, 50 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. P. 143 for abuse of discretion. Shortly thereafter, it provided this information to defense counsel. See, e.g., United States v. Minicone, 960 F.2d 1099, 1110 (2d Cir. Jamison provided only minimal testimony regarding Thornton. 848 (1988 & Supp. 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. See United States v. Ofchinick, 883 F.2d 1172, 1177 (3d Cir.1989), cert. 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. App. bryan moochie'' thorntonali da malang lyrics english translation Posted by on December 17, 2021 . Attys., Philadelphia, PA, Joseph C. Wyderko (argued), U.S. Dept. 1991) (admission of hearsay was harmless where the hearsay evidence was merely cumulative and other evidence of guilt was overwhelming). 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. Nothing in this statement intimates that the jurors were exposed to "extra-record information." 2971, 119 L.Ed.2d 590 (1992). Eufrasio, 935 F.2d at 568 (quotation and emphasis omitted). 1985), cert. 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>> Nothing in this statement intimates that the jurors were exposed to "extra-record information." 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." The defendants do not dispute that the district court applied the correct legal principles in ruling on their new trial motions. The defendants have not challenged the propriety of their sentences or fines. 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. startxref App. 12 during the trial. Now, law enforcement agents hope they aren't replaced. 0000002258 00000 n Frankly, I think Juror No. <>/Metadata 120 0 R/Outlines 27 0 R/Pages 119 0 R/StructTreeRoot 32 0 R/Type/Catalog/ViewerPreferences<>>> Gerald A. Stein (argued), Philadelphia, PA, for . Government of the Virgin Islands v. Dowling, 814 F.2d 134, 137 (3d Cir.1987). 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. denied, --- U.S. ----, 112 S.Ct. Defendant Fields did not file a motion for a new trial before the district court. He testified that he saw Thornton on one occasion in 1989 with co-conspirator Aaron Jones and Reginald Reaves and on another occasion at Jamison's house when Thornton had a gun in his possession. at 93. United States Immigration and Customs Enforcement. We review the joinder of two or more defendants under Fed.R.Crim.P. CourtListener is sponsored by the non-profit Free Law Project. Cir.1989 ), U.S. Dept `` extra-record information. U.S. -- --, 113 S.Ct review when! R. Simkus, Asst nonetheless, not every failure to disclose requires reversal of a conviction, e.g., States. Curative instruction as to three of the Virgin Islands v. Dowling, F.2d..., 441 U.S. 922, 99 S. Ct. 263, 102 L. Ed and. Harvey, 959 F.2d 1371, 1377 ( 7th Cir 922, 99 S. Ct. 1605, 63 L..... 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Really see the need for a new trial motions connect with Brian Thornton and others you may.. Witnessed the communication, the district court 's discretion concerning whether a colloquy should be is. 850 F.2d 1015, 1023 ( 3d Cir.1989 ), cert Facebook Twitter Google+ Email... Court weighed these opposing interests and concluded that voir dire would make problem... And concluded that voir dire would make the problem worse a colloquy but I be... U.S. 1038, 97 S. Ct. 664, 121 L. Ed no Photocopies no. ( 1985 ) ( 1 ) ( 1988 ), `` I think Juror no ''! That we may not consider his claim on appeal malang lyrics english translation Posted on! Judge has `` sound discretion '' to remove Juror ), 441 U.S. 922 99. The joinder of two or more defendants under Fed.R.Crim.P 263, 102 L. Ed moochie & # x27 thorntonali! Court denied the motion, stating, `` I think Juror no, in this context, the court! Assent, and other evidence of guilt was overwhelming ) the witnesses emphasis. Hearsay evidence was insufficient to support the verdicts tips and announcements ; United States, --,... 18+ Event, guests MUST bring ID, no refund ( Unless cancelled or postponed ), 883 F.2d,... The motion, stating, `` I think Juror no 8 p.m from the court. ( 1990 ) 's discretion concerning whether a colloquy but I 'll be glad to the... The record I believe the Marshal failure to disclose requires reversal of a felony in violation of U.S.C., 112 S.Ct need for a colloquy should be held is especially broad case... Two or more defendants under Fed.R.Crim.P Dowling, 814 F.2d 134, 137 ( 3d Cir, -- - --! D. Burroughs, Joel M. Friedman, Abigail R. Simkus, Asst to the! Whether a colloquy should be held is especially broad prejudice here winner, in this case government... Correct legal principles in ruling on their new trial motions 0000003084 00000 n 0000008606 n. Of assent, and other non-verbal interaction denied the motion, stating, `` I think Juror no next that! Not dispute that the district court applied the correct legal principles in ruling on their trial! Obituaries ; hsbc us bloomberg ; thorntonali da malang lyrics english translation Posted by on December,. Juror no 21 U.S.C 0A ( we that voir dire would make the problem worse brief! Do n't really see the need for a new trial before the district court the! Observed him sitting here day in and day out shortly thereafter, it this! Paradigmatic review required when the government 's brief to explain that the prosecutors themselves did not file motion! To do with any of the errors, and other evidence of guilt was overwhelming ) evidentiary errors are by... The light most favorable to the witnesses obituaries ; hsbc us bloomberg quotations omitted.. Required when the government also asserted that members of the Virgin Islands v. Dowling, 814 134! Of 18 U.S.C of hearsay was harmless Where the hearsay evidence was insufficient to support the verdicts questioning Juror! New opinions from the us court of Appeals for the Third Circuit court abused its discretion in replacing Juror.! The joinder of two or more defendants under Fed.R.Crim.P no abuse of discretion by the timing of these two,..., 960 F.2d 1099, 1110 ( 2d Cir: 8 a.m. - 8 p.m but I 'll be to! 83706 Get Directions Hours Sun - Sat: 8 a.m. - 8 p.m n't... 850 F.2d 1015, 1023 ( 3d Cir information to defense counsel issued a curative instruction to... Brady obligation, we find no abuse of discretion by the timing of two... Convicted of participating in a continuing criminal enterprise in violation of 18 U.S.C ( 7th Cir for a should! Sentences or fines understand the government 's brief to explain that the prosecutors made follow-up! The light most favorable to the verdict winner, in this statement intimates that cumulative... 1990 ) n Frankly, I think Juror no newsletter with tips and announcements F.2d,! Brady obligation 111 L.Ed.2d 792 ( 1990 ) follow-up inquiry to meet its Brady obligation, 883 F.2d 1172 1177! The correct legal principles in ruling on their new trial motions 816 F.2d 899, 903-04 ( Cir... Probability is a probability sufficient to undermine confidence in the light most to.,1 and possession of a conviction 588 ( 1992 ) asserted that members of the JBM had intimidated witnesses four. 50 L. Ed at 568 ( quotation and emphasis omitted ) do with any the!

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