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United Statesv.Donald R. LaFond, Jr., and Jason Robert Widdison

CourtUnited States Court of Appeals for the Eleventh Circuit
Docket No.14-12574
DecidedApril 20, 2015
Reporter783 F.3d 1216
JudgesUnited States Court of Appeals for the Eleventh Circuit; Circuit Judges Tjoflat and William Pryor, and Circuit Judge Bobby R. Baldock of the Tenth Circuit, sitting by designation; Judge William Pryor authored the opinion
Tags
CriminalCriminal ProcedureEvidenceCharacter EvidenceOther-Acts EvidenceJury InstructionsSentencing
Case Summary

Donald LaFond and Jason Widdison, federal inmates at the United States Penitentiary in Atlanta, were convicted of second-degree murder after attacking another inmate, Kenneth Mills, who later died. The government alleged that the attack was motivated by the defendants’ membership in white-supremacist prison gangs and Mills’s refusal to help remove his Black cellmate. At trial, Widdison claimed that he acted to protect himself and LaFond from an imminent attack, though investigators found no knife. The defendants challenged the admission of gang-membership evidence, anonymous-jury procedures, and the refusal of requested self-defense instructions; Widdison also challenged shackling during sentencing. The Eleventh Circuit affirmed the convictions and Widdison’s sentence. It held that gang evidence was admissible under Federal Rules of Evidence 404(b) and 403 because it was probative of motive and intent and was accompanied by a limiting instruction. It also upheld the anonymous jury because the defendants’ gang affiliations, potential to harm jurors, and possible life sentences justified protecting juror identities, while numbering jurors reduced prejudice. The court upheld the refusal of no-duty-to-retreat and threats-and-menaces instructions because the evidence did not support either theory. It rejected Widdison’s shackling claim, explaining that the due-process rule protects defendants before a jury and does not govern sentencing by a judge.

Opinion

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