Thus, we will not second-guess the jury's apparent crediting of Agent O'Neill's conclusion, notwithstanding the uncertainty of other experts, nor will we reweigh the credibility of the confession witnesses. Are you looking for real estate agents or brokers? The way Ken Jones has written this book is like he is talking directly to his readers. He asserts that the district court should have granted a severance under Rule 14 of the Federal Rules of Criminal Procedure on the basis that certain evidence was admissible only against Barnes. Find many great new & used options and get the best deals for HOW CAN YOU NOT LOOK? Under the circumstances, we deem the evidence sufficient to allow the jury to find beyond a reasonable doubt that Barnes murdered Duon for reasons substantively connected to Jones' drug-distribution CCE. However, there is no due process violation under Brady "as long as ultimate disclosure is made before it is too late for the defendant to make use of any benefits of the evidence." Fellow inmate Thomas Carter testified that Barnes had told him that Barnes and some friends got ripped off, by Duon, and that [Barnes] killed him in response. 1555, 1565, 131 L.Ed.2d 490 (1995). To prove CCE-murder under 21 U.S.C. at 1058. Jeffrey Kenneth Jones, age 58 passed away Monday, June 7, 2021 at Hospice of the Carolina Foothills in Forest City NC. See Tipton, 90 F.3d at 887. You may also use the Illinois Department of Corrections - Inmate Search feature to search for offenders by last name, birthdate or IDOC#. Jones argues there was insufficient evidence to convict him of CCE-murder. Jeff "J-Dog" Barnes, 63, of Vine Grove, KY passed away Tuesday, February 21, 2023. Jones does not challenge the jury's finding that he headed a CCE. The jury convicted Jones on all counts charged. 19 F.3d 1154, 1164-65 (7th Cir.1994). With this background, we turn to the present case. 848(e)(1)(A). In Bennett, the Eleventh Circuit also considered replacement of a defendant's name with the pronoun they in a redacted confession, but held that the redaction was improper. Indeed, the record establishes that the prosecutor carefully applied the confessions only to Barnes. denied, 503 U.S. 976, 112 S.Ct. Porth, Mid Glamorgan, CF39. at 1058 (emphasis added). That Babadjanian installed a false tank on Duon's truck somehow reveals a motive for Babadjanian to murder Duon certainly is not intuitive, and fails to establish an alternative theory the jury might have reasonably believed. 2d 176 (1987), the Supreme Court considered the application of Bruton to the admission of a co-defendant's confession that had been redacted, omitting any reference to the defendant. Jones argues that the FBI report is exculpatory, in that it would have permitted him to develop the theory that Babadjanian or someone else killed Duon. 848(e)(1). Both defendants appeal. Ken Adlington: David Barrass: 1995-1997 Douglas McFerran: Joan Barnes: Sally Sheridan: 1997 Joanna Barton: Fiona MacPherson: 1996-1997 Colin Batty: Andrew Livingston: 1997 Jimmy Batty: Jack Marsden: 1997 Charlie Cairns: Sarah Graham: 1997 DI Cooke: Susie Baxter: 1997 Greg Cox: Danny Seward: 1997 Anne Cullen: Heather Peace: 1997 DI Farrar . Double Jeopardy: CCE-Murder and Drug Conspiracy Murder, Jones maintains the district court erred by entering convictions against him as to both intentionally killing Duon in the furtherance of a CCE and intentionally killing Duon while engaged in a conspiracy to distribute drugs.1. ), cert. Jeffrey Daniel Barnes, 63 Resides in Dallas, TX Lived In North Richland Hills TX, Arlington TX, Midland TX, Amarillo TX Related To Susan Barnes, Crickit Barnes, Wanda Barnes, James Barnes, Donna Barnes Also known as Jeff D Barnes, Jerrery D Barnes, Jeff Barnea Includes Address (7) Phone (4) Email (5) See Results Jeffrey Duane Barnes, 51 It was for the jury to resolve conflicting testimony and determine witness credibility." Id. The inquiry instead must focus on whether the co-defendant's redacted confession itself implicates the defendant; there is no violation where the confession implicates the defendant only when linked to other evidence. The government concedes that Jones cannot be convicted under the facts of this case both for engaging in a CCE and for conspiring with others to distribute drugs. Thus, argues the government, the former is not a lesser included offense of the latter and double jeopardy is not implicated. ), cert. Additionally, the government disclosed the report when it became aware of it, although this was after the trial began, and its disclosure afforded Jones five days to prepare to cross-examine Babadjanian. The evidence showed that Barnes participated with Jones in drug dealing over a long period of time; that in 1989 when Sheila Swanson, one of Jones' drug couriers, picked up Jones from the airport after he arrived in Los Angeles for a four-kilogram cocaine deal, Barnes was present with him and accompanied him throughout the deal, and returned with Jones to Minnesota; and that Barnes represented to witnesses that the reason he killed Duon was because Duon had attempted to cheat "them" out of drugs or drug money. Learn more about FindLaws newsletters, including our terms of use and privacy policy. Marsh held that the Confrontation Clause is not violated by the admission of a non-testifying co-defendant's confession where the court issues a proper limiting instruction and "the confession is redacted to eliminate not only the defendant's name, but any reference to his or her existence." 848(e) (1), the government must prove: (1) that Barnes was engaged in or working in the furtherance of Jones' CCE; (2) that Barnes intentionally killed Duon or commanded, induced, procured or caused his intentional killing; (3) that Duon's killing actually resulted; and (4) that there was a substantive connection between the killing and the CCE. 608(b) (restricting admission of extrinsic evidence of a collateral matter to attack credibility). The government's theory that Jones killed Duon to regain the cash or drugs is a reasonable inference from the evidence admitted against Jones and satisfies the challenged element of CCE-murder. Browse the directory of real estate professionals at realtor.com. Id. Miller, 995 F.2d at 867; Donahue, 948 F.2d at 444; Garcia, 836 F.2d at 390. at 1489-91. See Rutledge v. United States, 517 U.S. 292, 116 S.Ct. That Babadjanian installed a false tank on Duon's truck somehow reveals a motive for Babadjanian to murder Duon certainly is not intuitive, and fails to establish an alternative theory the jury might have reasonably believed. Likewise, in his closing argument the prosecutor did not include Jones in any discussion of Barnes' confessions. Jones asserts that the only proof of a nexus between the murder and the CCE arises from Barnes' hearsay confessions, which must be applied only against Barnes. Jones' name was not mentioned in the recording and the district court gave a limiting instruction. Duon was a cocaine dealer from Los Angeles who was temporarily staying with Kenneth Wendell Jones in Jones' St. Paul condominium. There, in a post-arrest statement admitted into evidence, a co-defendant disclosed that he had been instructed to deliver heroin to someone on a date certain. The jury could have believed any or all of these witnesses, and it was aided by the evidence that the day after Duon's body was set ablaze, airport police intercepted Barnes while he was carrying a firearm and attempting to fly to Los Angeles under an assumed name. 27761 Hackberry Dr, Sedalia, MO 65301, lived here in 2012 $710: C. 2614 W 32nd St, Sedalia, MO 65301, lived here in 2010 Just prior to June 24, Jeffrey Lane Barnes had also come to Minnesota from his home in Los Angeles. Barnes challenges the sufficiency of the evidence as it relates to his convictions of CCE-murder and conspiracy to distribute cocaine. High around 80F. Substantial evidence establishes that Barnes was part of a conspiracy to distribute cocaine as charged in Count 3. at 1493-94 (emphasis added). 1535 E Broomfield St Ste A, Mount Pleasant, MI, 48858 4 other locations (989) 772-3339 OVERVIEW Dr. Barnes earned his undergraduate degree at Michigan State University. Jeff Barnes (born March 1, 1955) is a former American football linebacker. The evidence showed that Barnes participated with Jones in drug dealing over a long period of time; that in 1989 when Sheila Swanson, one of Jones' drug couriers, picked up Jones from the airport after he arrived in Los Angeles for a four-kilogram cocaine deal, Barnes was present with him and accompanied him throughout the deal, and returned with Jones to Minnesota; and that Barnes represented to witnesses that the reason he killed Duon was because Duon had attempted to cheat them out of drugs or drug money. 848(e) (1) (A). Jones pleaded guilty to voluntary manslaughter of Stephanie Eldredge. Southern District of Mississippi (601) 965-4480. (citations omitted). at 26-27 (emphasis added). Inserty: SP (1:1 balku) SP Die Cut (1:5) Electric Ice (1:35) Award Predictor (1:20) Kompletn checklist: 271 . You already receive all suggested Justia Opinion Summary Newsletters. This evidence, taken together, is overwhelming and supports the jury's conclusion that Jones aided and abetted Barnes in murdering Duon Walker. Reasoning that the phrase working in furtherance of would be superfluous if it referred only to kingpins, the Cooper court affirmed the conviction of a CCE supervisee who killed at the behest of the CCE kingpin. He was a member of the Los Angeles and Oakland Raiders from 1977 to 1987 of the National Football League (NFL). This was ample time for Jones to use the report to impeach Babadjanian. The government must disclose evidence favorable to a defendant whether requested or not. According to Jones' counsel, this argument invited the jury to disregard the court's instruction that Barnes' recitation of a hypothetical murder plan was only to be used against Barnes. at 1058. Authorities learned that Barnes told three different individuals, including Barnes' nephew, a fellow inmate, and a pastor, that he and Jones had killed Duon Walker after Duon attempted to cheat them in a drug deal. Jones argues that because he and Barnes were the only persons named in the indictment, and were the only defendants present in the courtroom, " [t]he jury could easily and logically conclude that 'they' and 'we' referred to Jeffrey Barnes and Mr. The cumulative effect of the solitary comment was scant. at 211, 107 S. Ct. at 1709.3. We held that the testimony was properly admitted because the redacted statement did not draw attention to the fact that the prosecution had the name available to it and purposely omitted it from the statement. Id. 618, 126 L.Ed.2d 583 (1993), the confession as presented at trial referred to persons in Minnesota instead of to the defendant by name or by suggestion. Because there was no explicit reference to the defendant by name and the language of the statement did not itself otherwise draw attention to the defendant or invite speculation, we held the admission to be proper. Regarding disposing of Duon's body, Russell reported that Barnes "said they threw it in an alley," and that "they set him on fire." See United States v. Shoffner, 71 F.3d 1429, 1433 (8th Cir.1995). Jones' argument that earlier disclosure would have permitted him to locate Robert to testify on his behalf is without merit. The Seventh Circuit in United States v. Cooper distinguished persons "engaged in" a CCE from persons "working in furtherance of" a CCE, and concluded that one need not be the CCE kingpin (i.e., "engaged in" a CCE) to work to further the CCE. The Court noted that it was expressing no opinion on the admissibility of confessions in which the defendant's name is replaced with a pronoun, like the confessions admitted in this case. Pastor Looney testified that Barnes told him, We did that, regarding Duon's murder. He said that Barnes "said that the dude was running some of their work, some of their cocaine," and repeated that "they killed him." at 26-27 (emphasis added). . 848(e)(1) cannot stand because the statute imposes liability solely on the CCE kingpin. Because Barnes did not raise this issue below we review only for plain error. Accordingly, that conviction cannot stand. The murder subsection of the statute imposes liability not just on a person engaging in the CCE, but alternatively on a person working in furtherance of the CCE, where he or she also either intentionally kills a person or counsels, commands, induces, procures, or causes the intentional killing. 21 U.S.C. Likewise, in his closing argument the prosecutor did not include Jones in any discussion of Barnes' confessions. Find more info on AllPeople about Jeffrey A. Barnes and The Barnes Companies, as well as people who work for similar businesses nearby, colleagues for other branches, and more people with a similar name. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. Get free summaries of new Eighth Circuit U.S. Court of Appeals opinions delivered to your inbox! Crescent Jeffrey Paulsen, Assistant U.S. Attorney, Minneapolis, MN, argued, for U.S. Before WOLLMAN, LAY, and BRIGHT, Circuit Judges. Barnes argues that his conviction of CCE-murder under 21 U.S.C. In Bennett, the Eleventh Circuit also considered replacement of a defendant's name with the pronoun "they" in a redacted confession, but held that the redaction was improper. We held that the co-defendant's redacted confession did not violate Bruton, as it neither expressly implicated the defendant nor was it directly tied to the defendant by the prosecutor's statements. See United States v. Wood, 834 F.2d 1382, 1388-90 (8th Cir. Jones asserts that he is entitled to a new trial because of prosecutorial misconduct involving the use of the recorded phone conversation between Barnes and the government informant. Post #10281, Vine Grove, KY, Patriot Guard Riders and Combat Veterans Motorcycle Association. In addition to the admission of Barnes' confession, he cites a tape-recorded phone conversation between Barnes and a government informant. In United States v. Miller, 995 F.2d 865 (8th Cir. Submitted Oct. 21, 1996. Trial Tr. Agent O'Neill later determined that the same firearm was used to kill Duon. We therefore hold the district court did not abuse its discretion by admitting the confessions.5. Finally, Jones asserts there was insufficient evidence to support the jury's guilty verdict regarding murder while engaging in a drug conspiracy. The single reference to we and several references to they in the witnesses' testimony here could have referred to anyone or any group of individuals acting with Barnes. The best result we found for your search is Jeff Barnes age 40s in Idaho Falls, ID. Verdict regarding murder while engaging in a drug conspiracy Barnes challenges the sufficiency of the latter and jeopardy. Cir.1995 ) NFL ) taken together, is overwhelming and supports the jury 's conclusion that Jones aided abetted... Ky, Patriot Guard Riders and Combat Veterans Motorcycle Association Riders and Combat Veterans Motorcycle Association HOW CAN you LOOK! Estate professionals at realtor.com Motorcycle Association way Ken Jones has written this book is like he is directly! He cites a tape-recorded phone conversation between Barnes and a government informant Grove... 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