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United States v. McNeal

United States District Court, E.D. California

March 10, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
WILLIE JAMES MCNEAL, Defendant.

          TRIAL CONFIRMATION ORDER

          GARLAND E. BURRELL, JR., Senior United States District Judge

         Trial in the above-captioned case, scheduled to commence at 9:00 a.m. on April 18, 2017, was confirmed at the hearing held on March 10, 2017.

         EVIDENTIARY DISPUTES

         All evidentiary disputes capable of being resolved by in limine motions shall be filed no later than March 17, 2017. Oppositions to the motions or statements of non-opposition shall be filed no later than March 24, 2017. Hearing on the motions shall commence at 9:00 a.m. on April 7, 2017.

         Any reasonably anticipated dispute concerning the admissibility of evidence that is not briefed in an in limine motion shall be included in trial briefs. E.D. Cal. R. 285(a)(3).

         TRIAL PREPARATION

         A. No later than five court days before trial commences, the following documents shall be filed:

(1) proposed jury instructions and a proposed verdict form;
(2) proposed voir dire questions to be asked by the Court;
(3) trial briefs; and
(4) a joint statement or joint proposed jury instruction that can be read to the jury during voir dire that explains the nature of the case.

         B. The government's exhibits shall be numbered with stickers. Should the defendant elect to introduce exhibits at trial, such exhibits shall be designated by alphabetical letter with stickers. The parties may obtain exhibit stickers from the Clerk's Office. The government shall file an exhibit list and a witness list as soon as practicable.

         C. The parties estimate it will take four (4) court days to try the case, which includes closing arguments. Each party has ten (10) minutes for voir dire, which may be used after the judge completes judicial voir dire. Two (2) alternate jurors will be empaneled, if feasible.

         The “struck jury” system will be used to select the jury unless this case is reassigned and the reassigned judge elects to use another system. The struck jury system is “designed to allow both the prosecution and the defense a maximum number of peremptory challenges. The venire . . . start[s] with about 3[6] potential jurors, from which the defense and the prosecution alternate[] with strikes until a petite panel of 12 jurors remain[s].” Powers v Ohio,499 U.S. 400, 404-05 ...


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