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United States v. Johnson

United States District Court, E.D. California

April 14, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
PAUL LELAND JOHNSON, 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 May 2, 2017, was confirmed at the hearing held on March 24, 2017.

         EVIDENTIARY DISPUTES

         All evidentiary disputes capable of being resolved by in limine motions shall be filed no later than April 14, 2017. Oppositions to the motions or statements of non-opposition shall be filed no later than April 21, 2017. Hearing on the motions shall commence at 9:00 a.m. on April 28, 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 the trial commencement date, the following documents shall be filed (and the Courtroom Deputy Clerk shall be emailed a word version of the documents):

(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 nine (9) court days to try the case, which includes closing arguments. Each party has fifteen (15) 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 (1991); see also ...


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