United States v. Courtney Davis Wilson

634 F. App'x 718
CourtCourt of Appeals for the Eleventh Circuit
DecidedDecember 16, 2015
Docket12-14449
StatusUnpublished
Cited by6 cases

This text of 634 F. App'x 718 (United States v. Courtney Davis Wilson) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Courtney Davis Wilson, 634 F. App'x 718 (11th Cir. 2015).

Opinion

PER CURIAM:

Defendant-Appellants Courtney Wilson, Reco Daniels, and Damien Pierce (collectively, the “Appellants”) were convicted of various offenses following a joint jury trial in the Middle District of Alabama. While the Appellants challenge their convictions and sentences on several grounds, we find only two issues worthy of discussion: (1) whether the district court erred in implementing enhanced security measures at trial; and (2) whether the district court erred in admitting the testimony of a gang expert from California. 1 After thorough review, we agree with the district court and thus affirm.

I. BACKGROUND

From July to October 2009, the Appellants committed a series of violent crimes throughout the Middle District of Alabama. Specifically, on July 30, 2009, Wilson, Daniels, and two other individuals named Anthony Tallie and Valerie Long followed a vehicle to an apartment complex, attacked the owner of the vehicle— striking him with a firearm and causing serious bodily injury, seized the keys to the vehicle, and unsuccessfully attempted to steal the vehicle before fleeing the scene. On August 1, 2009, the three Appellants went to a house, knocked on the front door, and, when the man living in the home opened the door, proceeded into the residence carrying firearms. The Appel *721 lants beat the man, ordered his family members to lie on the floor, searched the house, and, ultimately, forced the man into the trunk of the family’s vehicle and drove the vehicle off of the property. Finally, on October 23, 2009, Wilson and another individual named Willie Tallie robbed a convenience store clerk at gunpoint and, after leaving the premises, were picked up by a vehicle driven by Daniels.

A federal grand jury in the Middle District of Alabama returned an eight-count second superseding indictment on August 31, 2011, which charged the Appellants— as well as codefendants Anthony Tallie and Willie Tallie, who subsequently pled guilty—with various offenses relating to their involvement in the foregoing events. 2 The second superseding indictment also alleged that the Appellants were members of, or associated with, the “Cedar Block Piru” set of the “Bloods” street gang in Montgomery, Alabama.

A. Security Measures

The district court held a pretrial status conference with counsel for all parties on March 15, 2012, at which time the prosecution raised a number of concerns about the level of security at trial. Specifically, the prosecutor informed the court that one of the Appellants had allegedly made a threat toward him and another prosecutor, but that the threat appeared to be fabricated. The prosecutor also indicated that Daniels had written a threatening letter to the family of Valerie Long, the Appellants’ unindicted cooperator who had agreed to testify for the prosecution, and that Wilson and Daniels had verbally threatened Anthony Tallie, another potential cooperating witness. Further, the prosecutor expressed concerns regarding the audience at trial and the ability to control the atmosphere in and around courtroom, based on the fact that the Appellants’ family members would be present at trial while the prosecution’s witnesses—particularly the victims and the Appellants’ cooperators— would be testifying against the Appellants. On the basis of this information, the court instructed the prosecution to continue to communicate with the U.S. Marshals Service and the court regarding these security matters, and to follow up with court staff concerning a request for specifically identified witness rooms.

At another status conference on March 27, 2012, the district judge notified counsel that he had met with the U.S. Marshals on multiple occasions to discuss “a lot of security issues and other types of issues surrounding this case.” The judge referenced, in particular, his concern over the presence of the Appellants’ family members at trial, alongside family members of *722 the witnesses who would be testifying against the Appellants.

Accordingly, the judge announced that he intended to enter an order providing for additional security measures at trial, and described the general content of that order. For example, the district judge stated that the Appellants would wear shackles on their legs for the duration of trial, but that certain precautionary measures would be in place:

We’re also going to have skirts on the table so that the leg chains—and the leg chains are going to be taped so they don’t rattle. And so we’re going to keep that as much as possible from the jury. The defendants will be in leg chains only. And ... the [court security officers] and the [M]arshals know to move—only move the jury in when the defendants are seated at counsel table behind the skirts.

The judge also indicated that the Appellants would wear electronic devices, or ta-sers, on their legs and potentially on their arms, which would “need to be under clothing so they[] [would] not [be] seen.” Additionally, the judge stated that “[t]he first row of the seating in the gallery [would] ... be reserved for law enforcement.” Finally, there would be an additional metal detector, or some other form of screening, outside the door through which the trial participants and spectators would be entering the courtroom. 3

Wilson’s counsel voiced concern about the effect of these security measures on his client’s right to a fair trial, and, at the judge’s direction, filed a Motion in Limine on March 29, 2012, addressing this issue and making an additional argument regarding due process rights. Nevertheless, the district court entered its order on security measures later that day, which largely echoed the judge’s statements made on the record at the status conference. One notable addition to the judge’s instructions, however, clarified that “[a]ll counsel tables [would] be skirted,” not just the defense table. 4

*723 Prior to jury selection on the morning of March 30, 2012, Wilson’s counsel called the court’s attention to the pending Motion in Limine. At that time, counsel for Daniels and Pierce, on behalf of their clients, joined in the objections raised in Wilson’s Motion in Limine. The court noted these motions and offered counsel an opportunity to voice any further opposition to the security measures before the jury entered.

Ultimately, however, the judge determined that the security measures would remain in place, stating, “[F]or security reasons that you-all are not aware of, we are going to leave the security measures that I’ve ordered in place. There’s a good reason for them.” Rather than detail his reasoning at that time, the judge advised counsel, “we’re going to take that up after we strike the jury today— I’m going to put on the record, insofar as I can, what those matters are.”

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Cite This Page — Counsel Stack

Bluebook (online)
634 F. App'x 718, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-courtney-davis-wilson-ca11-2015.