IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

BEFORE THE HONORABLE JAMES A. PARKER

The place Jury Selection to be announced at a later date

Trial will be held at 103 Sheppard Drive, Room 235

DURANGO, COLORADO

 

BY DIRECTION OF THE HONORABLE JAMES A. PARKER, the

following criminal case will come on for JURY SELECTION AND TRIAL ON

MONDAY, OCTOBER 24, 2011, AT 1:00 P.M. IN DURANGO.

Proposed voir dire questions to the jury, jury instructions, and

motions in limine are due on Monday, October 17,2011. Please refer to the

enclosed page for trial guidelines for Judge Parker. 

 Please mark and list your exhibits BEFORE YOUR TRIAL COMMENCES.

Plaintiff’s exhibits are to be marked numerically, and defendant’s exhibits are to

be marked alphabetically.

Inquiries and notice of change of plea should be directed to Cynthia

Blumenthal, Courtroom Deputy at (505) 348-2230.

THE COURT MUST BE ADVISED OF A PLEA AGREEMENT NOT LATER

THAN NOON ON WEDNESDAY, October 19, 2011. THE COURT WILL NOT ACCEPT A

PLEA AFTER THAT DATE EXCEPT TO AT LEAST ONE COUNT OF THE INDICTMENT.

THIS COPY OF THE COURT CALENDAR SERVES AS YOUR NOTICE OF

HEARING.

I hereby certify that a copy of this calendar was served--via facsimile transmission,

mail, or electronic means--to counsel of record as they are shown on the Court's

docket.

_____________________________

 Senior United States District Judge

11cr359 JP USA v. Meonahan Scott Prairiechief

Attorney for USA - Dondi Jean Osborne

Attorney for defendant - Robert William Pepin (Denver)

 John C. Baxter (Durango)
PAGE TWO

JURY SELECTION & TRIAL

BEFORE JUDGE PARKER

IN THE UNITED STATES DISTRICT COURT

TO: TRIAL COUNSEL

RE: TRIALS BEFORE THE HONORABLE JAMES A. PARKER

1. In criminal cases, exhibits must be marked and shown to opposing counsel at least two

days prior to jury selection. Any objections to any exhibits will be addressed prior to

jury selection. The marking of exhibits and hearings on objections to exhibits must not

occur in the presence of the jury. Witness lists and exhibit list must be filed with the

Clerk’s Office.

2. Stand when questioning witnesses, objecting or addressing the court. (Persons with

physical disabilities are excused from this requirement.)

3. Stand behind the podium while examining witnesses unless permitted by the court to

leave the podium.

4. Before examining a witness about documentary exhibits, have photocopies of the exhibits

at the podium and place all of the original documentary exhibits, stacked in the order

they will be discussed, on the witness stand. 

5. State every objection concisely and identify the rule of evidence on which it is based. Do

not argue the objection or with the ruling of the court in the presence of the jury. Do not

make motions (e.g., a motion for mistrial) in the presence of the jury. Motions may be

made either at a bench conference or during the first recess without waiving any rights by

delay.

6. Face the witness and not the judge or the jury while questioning a witness.

7. Anticipated evidentiary problems must be called to the attention of the court sufficiently

in advance of the day during which the problems will arise to permit the court time to

conduct a hearing prior to the scheduled beginning time of that day's session.
(Pltf's) or (Deft's)

 REQUESTED

INSTRUCTION NO. 1

You have now heard all

of the evidence in the case as well as

the final arguments of the lawyers

for the parties.

It becomes my duty,

therefore, to instruct you on the rules

of law that you must follow and

apply in arriving at your decision in

the case.

In any jury trial ....

Smith v. Jones, 1 F3d 1

Fig. 1 

PAGE THREE

JURY SELECTION & TRIAL

BEFORE JUDGE PARKER

8. JURY INSTRUCTIONS. Standard instructions; e.g. introductory and those relating to

burden of proof, credibility issues and duties of jurors, etc., must not be submitted. (The

Court has a set of standard instructions.) Counsel must meet and confer and make a good

faith effort to agree on all non-standard instructions; e.g. elements of the alleged offense,

special defenses, etc. The parties must jointly submit one set of agreed upon nonstandard instructions. Requested instructions to which the parties cannot agree must be

submitted separately by each party.

The originals of the agreed set and of the requested instructions must contain citations at

the bottom (See Fig. 1) and must be submitted to the Clerk for filing.

Submit to Judge Parker's office:

(a) One exact copy of the

instructions that are

filed with the Clerk,

showing a heading

and citations at the

bottom (Fig. 1); and

(b) Instead of submitting

a computer disk,

counsel may make

arrangements to

submit the

instructions by email.

SAMPLE INSTRUCTION