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U.S. v. DURAZO, CR 13-714-TUC-JAS. (2014)

Court: District Court, D. Arizona Number: infdco20140923892 Visitors: 21
Filed: Sep. 22, 2014
Latest Update: Sep. 22, 2014
Summary: ORDER JAMES A. SOTO, District Judge. On 8/26/14, the Court issued an Order (Doc. 79) that stated in part: IT IS HEREBY ORDERED as follows: (1) By no later than 9/19/14 the parties shall file: (a) One joint set of stipulated preliminary jury instructions that both parties agree are appropriate for trial. These jury instructions will be read at the beginning of the case. The parties shall submit the stipulated preliminary jury instructions in the exact order they want them read to the jury.
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ORDER

JAMES A. SOTO, District Judge.

On 8/26/14, the Court issued an Order (Doc. 79) that stated in part: IT IS HEREBY ORDERED as follows:

(1) By no later than 9/19/14 the parties shall file: (a) One joint set of stipulated preliminary jury instructions that both parties agree are appropriate for trial. These jury instructions will be read at the beginning of the case. The parties shall submit the stipulated preliminary jury instructions in the exact order they want them read to the jury. A citation to the model jury instruction number or other authority is all that is required in relation to stipulated preliminary jury instructions. (b) One joint set of stipulated final jury instructions that both parties agree are appropriate for trial. These jury instructions will be read at the end of the case. The parties shall submit the stipulated final jury instructions in the exact order they want them read to the jury. A citation to the model jury instruction number or other authority is all that is required in relation to stipulated final jury instructions.1 (c) One joint set of jury instructions that the parties can not agree on. The party advancing a disputed jury instruction shall briefly explain why that instruction is appropriate and cite authority to support the proposed jury instruction. Immediately after the explanation supporting the disputed jury instruction, the opposing party shall briefly explain why that instruction is inappropriate and cite authority to support the opposition. Where applicable, the objecting party shall submit an alternative proposed instruction covering the subject or issue of law. (d) Proposed voir dire. (e) Proposed jury verdict forms (the parties shall indicate if the verdict forms are stipulated forms). In addition, on the same day that these documents are filed, paper copies of all of these documents shall be provided to chambers (to the extent there are any exhibits, a table of contents and tabs must be included), and Word Perfect or Word versions of all of these documents shall be emailed to chambers (soto_chambers@azd.uscourts.gov). As model instructions are constantly updated, the parties shall refer to the Ninth Circuit website for the most recent version of the Ninth Circuit Criminal Model Jury Instructions. Model instructions from this website are searchable and jury instructions can be cut and pasted from this website into Word Perfect or Word documents. Ninth Circuit Criminal Model Jury Instructions are likely to be adopted by the Court assuming such instructions are applicable under the circumstances whereas non-Ninth Circuit Criminal Model Jury Instructions (unless stipulated) are less likely to be adopted unless a specific explanation and citation of authority supports the proposed instruction.

A review of the record shows that the parties only timely complied with section "(c)" of the Court's Order as to disputed jury instructions. As to section "(d)" the Court suspects that the parties do not have any additional voir dire outside of the typical voir dire conducted by the Court, and therefore that issue is moot. However, the parties shall comply with sections "(a), (b), and (e)" by no later than 9/23/14. The parties only need to file the documents into CM/ECF and email Word copies of these documents to chambers; the parties do not need to send paper copies to chambers. In addition, by 9/23/14, the parties shall also submit any mid-trial jury instructions (stipulated or disputed) in the same manner as discussed pertaining to preliminary and final jury instructions. The Court has attached examples for the parties in this case where parties in other cases fully complied with the Order in question as contemplated by the Court. The parties in this case shall proceed in the same manner; the parties shall provide the full text of the jury instructions.

FootNotes


1. The Court notes that it likely will not read any additional instructions other than those specifically submitted by the parties pursuant to the deadline in this Order; as such, the parties should submit all jury instructions they feel are necessary for the jury in this case. After the Court receives the jury instructions from the parties, the Court will either discuss the instructions at the final pretrial conference, or issue an Order informing the parties what instructions were accepted and rejected prior to trial such that they will know the substance of all the preliminary and final jury instructions prior to trial. Likewise, prior to trial, the Court will either discuss verdict forms at the final pretrial conference, or issue an Order informing the parties what verdict forms will be used at trial.
Source:  Leagle

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