IN THE UNITED STATES DISTRICT COURT 

FOR THE MIDDLE DISTRICT OF ALABAMA 

UNITED STATES OF AMERICA ) 

 ) 

 vs. ) CASE NO. 2:06cr178-SRW 

 ) 

CARRIE J. FLOWERS ) 

DEFENDANT CARRIE J. FLOWERS’

REQUESTED JURY INSTRUCTIONS

 COMES NOW the Defendant, Carrie J. Flowers, by and through her attorney of 

record and requests this Court to instruct the Jury with the attached instructions in 

addition to the standard instructions. 

 RESPECTFULLY SUBMITTED this the 6th day of March. 2007 

 /s/ RONALD W. WISE, WIS0904 

 2000 Interstate Park Drive 

 Suite 105 

 Montgomery, Alabama 36109 

 (334) 260-0003 

 ronwwise@aol.com

CERTIFICATE OF SERVICE

 I hereby certify that on March 6, 2007, I electronically filed the foregoing with the 

Clerk of the Court using the CM/ECF system which will send notification of such filing to 

counsel of record. 

 /s/Ronald W. Wise 

Case 2:06-cr-00178-SRW Document 17 Filed 03/06/2007 Page 1 of 10
DEFENDANT, CARRIE J. FLOWERS,

 REQUESTED JURY INSTRUCTION

NO. 1

2.1 Duty To Follow Instructions 

You must make your decision only on the basis of the testimony and other 

evidence presented here during the trial; and you must not be influenced in any way by 

either sympathy or prejudice for or against the Defendant or the Government. 

You must also follow the law as I explain it to you whether you agree with that 

law or not; and you must follow all of my instructions as a whole. You may not single 

out, or disregard, any of the Court's instructions on the law. 

The indictment or formal charge against any Defendant is not evidence of guilt. 

Indeed, every Defendant is presumed by the law to be innocent. The law does not 

require a Defendant to prove innocence or to produce any evidence at all. The 

Government has the burden of proving a Defendant guilty beyond a reasonable doubt, 

and if it fails to do so you must find that Defendant not guilty. 

Granted _____________ ______________________________ 

 United States Magistrate Judge 

Modified _____________ 

Denied _____________ 

Case 2:06-cr-00178-SRW Document 17 Filed 03/06/2007 Page 2 of 10
DEFENDANT, CARRIE J. FLOWERS’,

 REQUESTED JURY INSTRUCTION

NO. 2

Indictment not evidence 

The indictment, a document drafted and composed by the Government, is not 

evidence. The information contained in the indictment is not to be considered by you 

in your deliberations. The indictment is nothing more or less than the vehicle by which 

the Government charges that a crime has been committed. The only purpose of an 

indictment is to apprise a defendant of the charges against her. The fact that an 

indictment has been issued is not evidence of guilt, nor should it factor into your 

deliberations as you attempt to determine the guilt or innocence of this Defendant. 

Granted _____________ ______________________________ 

 United States Magistrate Judge 

Modified _____________ 

Denied _____________ 

Case 2:06-cr-00178-SRW Document 17 Filed 03/06/2007 Page 3 of 10
DEFENDANT, CARRIE J. FLOWERS’,

 REQUESTED JURY INSTRUCTION

NO. 3

3 Definition Of Reasonable Doubt 

Thus, while the Government's burden of proof is a strict or heavy burden, it is 

not necessary that a Defendant's guilt be proved beyond all possible doubt. It is only 

required that the Government's proof exclude any "reasonable doubt" concerning the 

Defendant's guilt. 

A "reasonable doubt" is a real doubt, based upon reason and common sense after 

careful and impartial consideration of all the evidence in the case. 

Proof beyond a reasonable doubt, therefore, is proof of such a convincing 

character that you would be willing to rely and act upon it without hesitation in the 

most important of your own affairs. If you are convinced that the Defendant has been 

proved guilty beyond a reasonable doubt, say so. If you are not convinced, say so. 

Granted _____________ ______________________________ 

 United States Magistrate Judge 

Modified _____________ 

Denied _____________ 

Case 2:06-cr-00178-SRW Document 17 Filed 03/06/2007 Page 4 of 10
DEFENDANT, CARRIE J. FLOWERS’,

 REQUESTED JURY INSTRUCTION

NO. 4

' 12.10 Presumption of innocence 

 I instruct you that you must presume that defendant Flowers is innocent of the 

crimes charged. Thus defendant Flowers, although accused of crimes in the indictment, 

begins the trial with a clean slate, with no evidence against her. The indictment as you 

already know is not evidence of any kind. The law permits nothing but legal evidence 

presented before the jury in court to be considered in the support of any charge against 

defendant Flowers. The presumption of innocence alone, therefore, is sufficient to 

acquit defendant Flowers. 

The burden is upon the government to prove guilt beyond a reasonable doubt. 

This burden never shifts to the defendant for the law never imposes upon a defendant in 

a criminal case the burden or duty of calling any witnesses or producing any evidence. 

The defendant is not even obligated to produce any evidence by cross-examining 

witnesses for the government. 

It is not required that the government prove guilt beyond all doubt. The test is 

one of reasonable doubt. A reasonable doubt is a doubt based upon reason and 

common senseBthe kind of doubt that would make a reasonable person hesitate to act. 

Proof beyond a reasonable doubt must, therefore, be proof of such a convincing 

Case 2:06-cr-00178-SRW Document 17 Filed 03/06/2007 Page 5 of 10
character that a reasonable person would not hesitate to rely and act upon it in the most 

important of his or her own affairs. 

Unless the government proves, beyond a reasonable doubt, that defendant 

Flowers has committed each and every element of the offenses charged in the 

indictment, you must find defendant Flowers not guilty of the offenses. If the jury views 

the evidence in the case as reasonably permitting either of two conclusionsBone of 

innocence, the other of guiltBthe jury must, of course, adopt the conclusion of 

innocence. 

Granted _____________ ______________________________ 

 United States Magistrate Judge 

Modified _____________ 

Denied _____________ 

Case 2:06-cr-00178-SRW Document 17 Filed 03/06/2007 Page 6 of 10
DEFENDANT, CARRIE J. FLOWERS’,

 REQUESTED JURY INSTRUCTION

NO. 5

9.1 On Or About - - Knowingly - - Willfully (modified) 

The word "knowingly," as that term is used in the indictment or in these 

instructions, means that the act was done voluntarily and intentionally and not because 

of mistake or accident. 

The word "willfully," as that term is used in the indictment or in these 

instructions, means that the act was committed voluntarily and purposely, with the 

specific intent to do something the law forbids; that is with bad purpose either to 

disobey or disregard the law. 

Granted _____________ ______________________________ 

 United States Magistrate Judge 

Modified _____________ 

Denied _____________ 

Case 2:06-cr-00178-SRW Document 17 Filed 03/06/2007 Page 7 of 10
DEFENDANT, CARRIE J. FLOWERS’,

 REQUESTED JURY INSTRUCTION

NO. 6

Evidence of Defendant’s Good Character 

 Proof of good character, standing alone, may be sufficient to generate a 

reasonable doubt as to the Defendant’s guilt, even where there would be no doubt 

in the absence of such evidence. Therefore, after a consideration of the evidence 

in this case and a consideration of the good character evidence presented, that 

testimony alone may be sufficient to generate a reasonable doubt as to the 

Defendant’s guilt, and, if that be the case, you should return a verdict of not 

guilty as to each charge in the indictment. 

Granted _____________ ______________________________ 

 United States Magistrate Judge 

Modified _____________ 

Denied _____________ 

Case 2:06-cr-00178-SRW Document 17 Filed 03/06/2007 Page 8 of 10
DEFENDANT, CARRIE J. FLOWERS’,

 REQUESTED JURY INSTRUCTION

NO.7

11 Duty To Deliberate 

Any verdict you reach in the jury room, whether guilty or not guilty, must 

be unanimous. In other words, to return a verdict you must all agree. Your 

deliberations will be secret; you will never have to explain your verdict to anyone. 

It is your duty as jurors to discuss the case with one another in an effort to 

reach agreement if you can do so. Each of you must decide the case for yourself, 

but only after full consideration of the evidence with the other members of the 

jury. While you are discussing the case do not hesitate to reexamine your own 

opinion and change your mind if you become convinced that you were wrong. 

But do not give up your honest beliefs solely because the others think differently 

or merely to get the case over with. 

Remember, that in a very real way you are judges - - judges of the facts. 

Your only interest is to seek the truth from the evidence in the case. 

Granted _____________ ______________________________ 

 United States Magistrate Judge 

Modified _____________ 

Denied _____________ 

Case 2:06-cr-00178-SRW Document 17 Filed 03/06/2007 Page 9 of 10
Case 2:06-cr-00178-SRW Document 17 Filed 03/06/2007 Page 10 of 10