Scribd Logo
Upload

Welcome to Scribd!

  • 57 views

    United States v. Lawrence Bryan Klacker, 811 F.2d 555, 11th Cir. (1987)

    Uploaded by

    Scribd Government Docs
    This document summarizes a court case from the United States Court of Appeals for the Eleventh Circuit. The defendant, Lawrence Bryan Klacker, was convicted of kidnapping and using a firearm during a felony. He appealed the district court's denial of his motion to change the trial venue. The appeals court found that the pretrial publicity was not sufficiently prejudicial or inflammatory and did not saturate the community. Additionally, none of the jurors had formed an opinion of the defendant's guilt prior to trial. The appeals court concluded there was no merit to the appeal and granted the attorney's motion to withdraw from the case.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd

    United States v. Lawrence Bryan Klacker, 811 F.2d 555, 11th Cir. (1987)

    Uploaded by

    Scribd Government Docs
    57 views2 pages
    This document summarizes a court case from the United States Court of Appeals for the Eleventh Circuit. The defendant, Lawrence Bryan Klacker, was convicted of kidnapping and using a firearm during a felony. He appealed the district court's denial of his motion to change the trial venue. The appeals court found that the pretrial publicity was not sufficiently prejudicial or inflammatory and did not saturate the community. Additionally, none of the jurors had formed an opinion of the defendant's guilt prior to trial. The appeals court concluded there was no merit to the appeal and granted the attorney's motion to withdraw from the case.

    Original Description:

    Filed: 1987-02-26 Precedential Status: Precedential Citations: 811 F.2d 555 Docket: 86-8406

    Copyright

    © Public Domain

    Available Formats

    PDF or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    This document summarizes a court case from the United States Court of Appeals for the Eleventh Circuit. The defendant, Lawrence Bryan Klacker, was convicted of kidnapping and using a firearm during a felony. He appealed the district court's denial of his motion to change the trial venue. The appeals court found that the pretrial publicity was not sufficiently prejudicial or inflammatory and did not saturate the community. Additionally, none of the jurors had formed an opinion of the defendant's guilt prior to trial. The appeals court concluded there was no merit to the appeal and granted the attorney's motion to withdraw from the case.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Download as pdf
    57 views2 pages

    United States v. Lawrence Bryan Klacker, 811 F.2d 555, 11th Cir. (1987)

    Uploaded by

    Scribd Government Docs
    This document summarizes a court case from the United States Court of Appeals for the Eleventh Circuit. The defendant, Lawrence Bryan Klacker, was convicted of kidnapping and using a firearm during a felony. He appealed the district court's denial of his motion to change the trial venue. The appeals court found that the pretrial publicity was not sufficiently prejudicial or inflammatory and did not saturate the community. Additionally, none of the jurors had formed an opinion of the defendant's guilt prior to trial. The appeals court concluded there was no merit to the appeal and granted the attorney's motion to withdraw from the case.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Download as pdf
    of 2

    811 F.

    2d 555

    UNITED STATES of America, Plaintiff-Appellee,


    v.
    Lawrence Bryan KLACKER, Defendant-Appellant.
    No. 86-8406

    Non-Argument Calendar.
    United States Court of Appeals,
    Eleventh Circuit.
    Feb. 26, 1987.
    Paul Kish, Federal Defender Program, Inc., Atlanta, Ga., for defendantappellant.
    Stephen S. Cowen, U.S. Atty., Janis Caplain Gordon, Asst. U.S. Atty.,
    Atlanta, Ga., for plaintiff-appellee.
    Appeal from the United States District Court for the Northern District of
    Georgia.
    Before HILL, KRAVITCH and HATCHETT, Circuit Judges.
    PER CURIAM:

    Appellant was tried before the United States District Court for the Northern
    District of Georgia on charges of kidnapping, 18 U.S.C. Sec. 1201(a)(1)
    (1982), and using a firearm during the commission of a felony. 18 U.S.C. Sec.
    924(c) (1982). The jury returned a verdict of guilty on both counts. Appellant
    was sentenced to life imprisonment for kidnapping and a consecutive sentence
    of five years for the second count. Appellant's court appointed counsel gave
    timely notice of appeal and filed a brief in this court which conforms to the
    requirements established by Anders v. California, 386 U.S. 738, 87 S.Ct. 1396,
    18 L.Ed.2d 493 (1967). The only arguable ground for appeal set forth in this
    brief is the district court's denial of a motion to change venue.

    The circumstances related to appellant's conviction began with his escape from

    jail in New Orleans, Louisiana. As part of his efforts to elude recapture, he


    kidnapped a man outside a shopping center in Alabama. At gun point, appellant
    forced this individual to drive him to Atlanta, Georgia. A well-publicized
    manhunt ensued which lasted for several days as appellant repeatedly eluded
    state and federal law enforcement officers. Three months after this manhunt,
    appellant was tried in Atlanta. Of the 51 venirepersons, 18 had some
    recollection of the news reports. Only one juror who had seen these reports
    ultimately sat on the jury.
    3

    This court has recently held that prejudice may be presumed from pretrial
    publicity when such publicity is "sufficiently prejudicial and inflammatory and
    the prejudicial pretrial publicity saturated the community where the trials were
    held." Coleman v. Kemp, 778 F.2d 1487, 1490 (11th Cir.1985), cert. denied, --U.S. ----, 106 S.Ct. 2289, 90 L.Ed.2d 730 (1986). The news reports detailing
    appellant's flight from justice were largely factual reports, devoid of
    inflammatory material. Additionally, the coverage was not so extensive as to
    saturate the community. Just as appellant is unable to demonstrate presumed
    prejudice, actual prejudice cannot be found under the facts of this case.

    Actual prejudice results when a juror entertains an opinion as to defendant's


    guilt prior to trial and would not be capable of laying aside this opinion during
    deliberations. Coleman v. Zant, 708 F.2d 541, 544 (11th Cir.1983). The record
    before this court fails to support an argument that any juror had formed an
    opinion as to appellant's guilt prior to trial. The only juror who had seen news
    reports of the police search for the appellant testified during voir dire that she
    would ignore the news reports she had seen and judge the case solely upon the
    evidence presented in court.

    Having carefully read the trial transcript and record of the district court, we
    conclude that there is no arguable merit in this appeal. We note that the Anders
    brief in this case presents all irregularities in the record which might arguably
    support the appeal. Counsel has provided a copy of this brief to appellant so
    that he could raise any points he so chooses. Appellant, however, has declined
    to raise additional arguments. It is therefore ordered that the motion to
    withdraw filed by Paul S. Kish, appellant's attorney, is GRANTED, and the
    appeal is DISMISSED.

    You might also like