Joinder – Removal from Courtroom

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Criminal

7^th Circuit Court of Appeals

Officials: WOOD,Chief Judge, and FLAUM and MANION, Circuit Judges

Joinder –  Removal from Courtroom

No. 13-2982 United States of America v. Dahveed Dean

No. 13-2078 United States of America v. Terrance P. Daniels

Appellants not prejudiced by joinder of cases. Appellant conduct equated to surrender of rights to be present during court proceedings.

“A jury can easily understand that evidence related to the August 25 robbery does not establish guilt for the August 2 or December 20 robbery. In fact, the jury’s acquittal of Dean of the gun charge in Count VI shows that the jury methodically considered the evidence for each count and charge separately. 1 In response Dean and Daniels point to a statement the district court made during trial that the remaining evidence that day would apply to the entire case, when the evidence only applied to the December 20 bank robbery charges against Dean. Again, some additional facts are needed: Prior to the start of trial, Dean’s attorney had asked the district court to instruct the jury that certain evidence was only related to the August 25 robbery charges against Daniels. “

“When Daniels stopped rambling, the district court explained to Daniels that he had a constitutional right to be present during the trial, but that with his conduct he was surrendering that right. The district court then gave him one last opportunity to assure the court that he would “obey the Court’s rules and not disrupt this Court’s proceedings no matter what [he] believe[d] [his] sovereign status,quote/unquote,is.”The district court then said: “What I’m going to ask you one more time: Are you able and do you promise to not disrupt this trial?” Daniels responded again with his nonsensical ramblings: “I conditionally accept your offer upon proof of claim—” At that point the district court barred Daniels from trial, but stressed that “when he obeys this Court’s orders and raises his hand, is sworn in and promises this Court that he will not be disruptive and not cause an unfair trial for his codefendant Mr. Dean and to the government, then he will be allowed to return to the courtroom.””

Affirmed

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.