United States v. James Dinkins
691 F.3d 358
| 4th Cir. | 2012Background
- This case involves three defendants (Dinkins, Gilbert, Goods) charged in a federal narcotics/witness murder conspiracy in Baltimore; the district court admitted an anonymous jury due to safety and publicity concerns; Dowery, a government witness, was murdered rendering his statements at issue; Dowery’s statements were admitted under the forfeiture-by-wrongdoing theory tied to Pinkerton-like conspiratorial liability; the jury also heard Dowery’s statements about Special’s operations and threats from Gilbert; the defendants challenged joint trial, Batson, anonymous jury, and the Dowery hearsay rulings, all of which the district court and court of appeals addressed; Parker and Love pled guilty to related counts; the district court denied severance and allowed joint trial, ultimately convicting Dinkins, Gilbert, and Goods on most counts and imposing life terms.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the anonymous jury was properly employed | Dinkins/Gilbert argue anonymity violated rights | Defendants contend no strong need for anonymity | Yes, district court abused discretion? No; affirmed anonymity |
| Whether Dowery’s statements were admissible under forfeiture-by-wrongdoing | Government contends admissible under Rule 804(b)(6) | Defense argues Confrontation Clause violation | Admissible under 804(b)(6) and Pinkerton-based conspiracy liability |
| Batson challenge to juror strike | Government’s reasons race-neutral | Strike was pretextual | No clear error; Batson challenge denied |
| Whether the Dowery hearsay statements violate Confrontation Clause or Giles | Statements admissible under forfeiture-by-wrongdoing | Giles limits application | Correctly admitted under forfeiture-by-wrongdoing |
| Sufficiency of evidence against Goods for Dowery murder | Gov’t asserts multiple gunshots caused death | Insufficient attribution to Goods | Sufficient evidence; judgment affirmed |
Key Cases Cited
- Zafiro v. United States, 506 U.S. 534 (U.S. 1993) (Joint trial prejudice must be shown by clear prejudice)
- Batson v. Kentucky, 476 U.S. 79 (U.S. 1986) (Race-based peremptory challenges require neutral justification)
- Buchanan v. Kentucky, 483 U.S. 402 (U.S. 1987) (Death qualification does not violate cross-section or impartiality)
- United States v. DeLuca, 137 F.3d 24 (1st Cir. 1998) (Abuse-of-discretion review for anonymous juries)
- United States v. Shryock, 342 F.3d 948 (4th Cir. 2003) (Ross factors and anonymity in non-capital/contextual)
- United States v. Ross, 33 F.3d 1507 (11th Cir. 1994) (Ross factors for anonymous jury)
- Giles v. California, 554 U.S. 353 (U.S. 2008) (Forfeiture-by-wrongdoing scope clarified)
- Cherry, 217 F.3d 810 (10th Cir. 2000) (Conspiratorial liability in forfeiture-by-wrongdoing context)