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United States v. Stamps

United States District Court, Ninth Circuit

December 9, 2013

UNITED STATES OF AMERICA, Plaintiff,
v.
SHELBY CHARLES STAMPS, Defendant.

ORDER FOR PRETRIAL PREPARATION FOR CRIMINAL JURY TRIAL

CLAUDIA WILKEN, District Judge.

Good cause appearing, it is hereby ordered that:

1. TRIAL DATE

a. Jury trial will begin on January 21, 2014, at 8:30 A.M., in Courtroom 2, 4th Floor, 1301 Clay Street, Oakland, California.

b. The length of trial will be not more than 4 days.

2. DISCOVERY

Both sides will comply with the Federal Rules of Criminal Procedure, Crim. L.R. 16-1, and the United States will comply with Brady v. Maryland , 373 U.S. 83 (1963) and United States v. Agurs 427 U.S. 97 (1976) .

3. MOTIONS

No pretrial motions, other than motions in limine, will be filed.

4. PRETRIAL CONFERENCE

a. A pretrial conference will be held on Monday, January 6, 2014, in Courtroom 2. It shall be attended by the attorneys who will try the case.

b. Not less than one week prior to the pretrial conference, counsel shall comply with Crim. L.R. 17-1(b).

c. Jury instructions §1.1 through §1.12, §3.1 through §3.10 and §7.1 through §7.6 from the most recent Manual of Model Jury Instructions for the Ninth Circuit will be given absent objection. Counsel shall jointly submit one set of additional proposed jury instructions, ordered in a logical sequence, together with a table of contents, using the Ninth Circuit Manual where possible, not less than one week prior to the pretrial conference. Any instructions on which counsel cannot agree shall be marked as "disputed, " and shall be included within the jointly submitted instructions and accompanying table of contents, in the place where the party proposing the instruction believes it should be given. Argument and authority for and against each disputed instruction shall be included as part of the joint submission, on separate sheets directly following the disputed instruction. Counsel for the United States shall submit a verdict form. The attached questionnaire will be given to the venire members. Counsel may submit an agreed upon set of additional requested voir dire questions to be included in the questionnaire or posed by the Court. Any voir dire questions on which counsel cannot agree shall be submitted separately. Counsel may be allowed brief follow-up voir dire after the Court's questioning. Any motions in limine should be noticed for hearing at the pretrial conference in accordance with Criminal Local Rule 47-2. Each party's motions in limine shall be contained in a single document. The opposition shall also be contained in a single document.

5. JURY SELECTION

The Jury Commissioner will summon 35 to 40 prospective jurors.

The Courtroom Deputy will select their names at random and seat them in the courtroom in the order in which their names are called. Copies of their questionnaires will be provided to counsel.

Voir dire will be asked of sufficient venire persons so that twelve (plus a sufficient number for alternates) will remain after all peremptory challenges and an anticipated number of hardship dismissals and cause challenges have been made.

The Court will then take cause challenges, and discuss hardship claims from the individual jurors, outside the presence of the venire. The Court will inform the attorneys which hardship claims and cause challenges will be granted, but will not announce those dismissals until the process is completed. Peremptory challenges will be made in writing and passed between counsel in accordance with Crim. L.R. 24-2 and 24-3. The Court will strike the persons with meritorious hardships, those excused for cause, and those challenged peremptorily, and call the first twelve people (plus alternates) in numerical sequence remaining. Those people will be the jury.


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