Tag Archive FL及其他 – 爱上海

7th Circuit Affirms Murder, Racketeering Convictions Despite Government Error

admin no comments

first_img7th Circuit Affirms Murder, Racketeering Convictions Despite Government Error Olivia Covington for www.theindianalawyer.comDespite improper statements made by the government during closing arguments of a trial, the 7th Circuit Court of Appeals affirmed the defendant’s murder and racketeering convictions, writing that the statements constituted harmless error.In United States of America v. Juan Briseno, 15-2347, Juan Briseno was indicted and tried for murder, attempted murder and multiple charges related to the Racketeer Influenced and Corrupt Organizations Act based on his two-year association with an East Chicago gang.During closing arguments, the government referenced various allegations connecting Briseno to the attempted murder of Andreas Arenivas. The government also contented that in order for Briseno to not be guilty, its witnesses must have conspired to frame him through false testimony at trial. Finally, the government emphasized that eight of its witnesses deserved to be believed. In his eventual appeal, Briseno would contend that each of those statements was improper.After deliberations, the jury convicted Briseno of nine counts – conspiracy to participate in racketeering, conspiracy to possess with intent to distribute at least five kilograms of cocaine and 100 kilograms of marijuana, five separate murders in aid of racketeering, attempted murder in aid of racketeering, and use of a firearm during a crime of violence.Briseno appealed for a new trial, arguing that the government’s statements during closing arguments had improperly referenced evidence pertaining to a prior acquittal, impermissibly shifted the burden of proof to him and vouched for its witnesses in an inappropriate fashion.Specifically, Briseno argued that the government had improperly argued that he was guilty of attempting to murder Arenivas and of using a firearm in that attempt by referencing five pieces of evidence related to the Arenivas case, such as his alleged stated intent to kill him and the use of the same gun that was used in the murder of Harris Brown, for which Briseno was charged.Such evidence was improper in the present case because a district judge had acquitted Briseno in the Arenivas case, he said. But 7th Circuit Court of Appeals Judge Ann Williams wrote in a Friday opinion that Briseno’s argument was based on the incorrect assumption that the Arenivas case had no bearing on the current case.Instead, Williams wrote that the Arenivas evidence in question related to the gang’s practice of attacking individuals who posed a threat to its drug-trafficking enterprise, which relates to the RICO conspiracy charge. Additionally, the gun was also relevant to the Brown murder charge because it was the same gun used in the Arenivas case, so the government did not act improperly by referencing it in closing arguments, she wrote. Further, even if the statements were erroneous, the error was harmless, Williams said.However, the 7th Circuit did agree with Briseno that the government’s statements implying that witnesses would have had to conspire to submit false testimony in order for him to be not guilty “crossed the line by implying that the jury could not acquit Briseno while at the same time accepting as truthful the testimony of the government’s witnesses.”But Williams wrote that such an error was not fatal to the government’s case because there was more than sufficient evidence of Briseno’s guilt, and much of that evidence involved credibility determinations as to the government’s witnesses.Additionally, any improper statements the government made vouching for eight of its witnesses did not deny Briseno of a fair trial, Williams said.“The statements were solitary and brief in nature, the district judge instructed the jurors both before and after closing arguments that attorney statements were not evidence, and as noted above the vast weight of the evidence was against Briseno,” she wrote.Finally, Williams wrote that the jury instructions related to the racketeering charges were not erroneous because Briseno did not object to them at trial and because there was no “clear or obvious” error.FacebookTwitterCopy LinkEmailSharelast_img read more

Next FA chairman: Paul Elliott backed to replace Greg Clarke by Sue Smith | Football News

admin no comments

first_img England manager Gareth Southgate will not endorse any one candidate to be the new FA Chairman but says the FA’s Inclusion Advisory Board Chair Paul Elliott has shown a willingness to put in the hard work that such a role requires “He is committed to football administration, I know he’s been the driving force behind the FA’s new diversity code, I know he sits on the board.“He has been a leading voice in speaking out against racism. He knows how much work and effort it takes to take a role like that.“Whether he wants the job I don’t know, but if he does I think he’d be a great candidate.”Elliott developed the FA’s Football Leadership Diversity Code, which launched last month, with the aim of tackling racism in English footballSouthgate: Elliott’s efforts deserve commendationEarlier this week, Southgate said the next FA chair should share the qualities Elliott has shown during his time in the organisation. Manchester United Women head coach Casey Stoney says the comments made by Greg Clarke that led to his resignation as FA chairman show ‘how much work we’ve still got to do’ regarding diversity in English football 2:06 – Advertisement – LONDON, ENGLAND - MARCH 02: Paul Elliott attends the London Football Awards on March 2, 2017 in London, United Kingdom. (Photo by John Phillips/John Phillips/Getty Images– Advertisement – Elliott, the chairman of the FA’s inclusion advisory board, is being touted as a potential successor to Clarke, with England manager Gareth Southgate speaking of his admiration for the former Chelsea defender.It remains unclear with Elliott is interested in the role, but Smith said the 56-year-old would be capable of taking it on.“I think there has been a lot of names put forward. The one that stands out for me is Paul Elliott, a former player for Celtic and Chelsea,” Smith told Friday’s edition of The Women’s Football Show. Casey Stoney, Man Utd Women's manager 1:51center_img – Advertisement – Asked if the next FA chair should be black or a woman, Southgate said: “It has to be the right person.“I think whoever comes in has to have an understanding of governance and operating at a high level at an important organisation.“What I admire about someone like Paul Elliott is that he has committed himself to football administration. There are a lot of hours to that and a lot of meetings to attend that people don’t want to do. So the reforms that Paul has helped to put in place over the last few months deserve a lot of commendation.“I don’t know if Paul is the right person for the role – that’s not a decision for me. But I’m just pointing out the type of qualities football administrators have to have.”White: FA can promote diversity with Clarke successorEngland striker Ellen White believes the Football Association has a ‘massive opportunity’ to promote diversity throughout English football with their appointment of the next FA chair. Greg Clarke (left) pictured while attending the UEFA European Under-21 Championship in 2017 Former England international Sue Smith believes Paul Elliott would be a “great candidate” to succeed Greg Clarke as FA chairman.The FA is aiming to hire a replacement for Clarke, who resigned after making a string of offensive comments when giving evidence to MPs on Tuesday, by the end of March 2021 and is promising an open and diverse recruitment process.- Advertisement – “It was the right decision for him to step down and we have to look to the future now of educating and moving forward to eradicate these comments,” White said.“It’s all about being educated, even when you are at the top, and also throughout football, the grassroots, and everyone, the way that we speak.“I think it is a massive opportunity to highlight more diversity within the whole FA.“It will be a really important appointment, who comes in next. But I think it will be really, really important to have more diversity in the whole FA really.” Chief reporter Bryan Swanson takes us through the day’s events that have seen former FA chairman Greg Clarke stand down as FIFA vice-president 0:44last_img read more

Recent Comments