Opinion
Criminal Case No. 12-cr-00210-REB
04-10-2013
UNITED STATES OF AMERICA, Plaintiff, v. 1. MATTHEW DEWAYNE JARAMILLO, Defendant.
Judge Robert E. Blackburn
TRIAL PREPARATION CONFERENCE ORDER
Blackburn, J.
Pursuant to Fed. R. Crim. P. 17.1, and D.C.COLO.LCrR 26, the court enters this Trial Preparation Conference Order.
Non-CJA motions shall not be filed out of time without leave of court. Amended papers, including amended motions, petitions, responses, or replies shall not be filed without leave of court. Supplements to papers, including motions, petitions, responses, or replies, shall not be filed without leave of court. Replies to responses shall not be filed without leave of court. Leave of court must be obtained before such papers may be filed. A request for leave to file such a paper shall not be contained or included in the paper sought to be filed.
IT IS ORDERED as follows:
1. That trial by jury shall commence May 13, 2013, at 8:30 a.m., in the courtroom for Division 5 of the District Court of La Plata County, Colorado, in the La Plata County Courthouse, located at 1060 E. 2nd Ave, Durango, Colorado, 81301, at which the defendant shall appear in person without further notice, order, or subpoena;
Any motion brought under the Speedy Trial Act of 1974, 18 U.S.C. §§ 3161-74, to vacate or continue the trial - or, if granted, would effect a continuance - shall note and circumstantiate, inter alia, the specific amount of time to be excluded in computing the time for speedy trial under the act and shall provide non-conclusory reasons to justify the amount of time to be excluded as provided in United States v. Toombs , 574 F.3d 1262 (10th Cir. 2009). Additionally, any motion to vacate and/or continue the trial, or any motion, which, if granted, would cause the trial to be vacated or continued shall address the factors enunciated in United States v. West , 828 F.2d 1468, 1469-70 (10th Cir. 1987), pursuant to REB Cr. Practice Standards II.E.1.
--------
2. That the court reserves five (5) days for trial: Monday, May 13, 2013, through Friday, May 17, 2013;
3. That counsel and the defendant shall appear in the courtroom for Division 5 of the District Court of La Plata County, Colorado, in the La Plata County Courthouse, located at 1060 E. 2nd Ave, Durango, Colorado, 81301, on the first day of trial at 8:00 a.m. (MDT), to review and discuss with the courtroom deputy clerk and the court, if necessary, any final details, arrangements, or requirements concerning the trial;
4. That a Trial Preparation Conference shall commence on May 9, 2013, at 1:30 p.m. (MDT), in courtroom A1001, located on the 10th Floor of the Alfred A. Arraj Courthouse Annex, 901 19th Street, Denver, Colorado 80294;
5. That counsel for the government may appear at the Trial Preparation Conference by video teleconference;
6. That counsel and the defendant, unless excused, shall attend the Trial Preparation Conference;
7. That at the outset of the Trial Preparation Conference, each party shall submit on the form of Witness List required by the court (an original for the court with copies for the courtroom deputy clerk and all other parties) a "will call" witness list enumerating the name and address of each witness that will be called and a "may call" witness list enumerating the name and address of each witness that may be called; provided, furthermore, that the "will call" witness list constitutes a representation on which the court and every other party may rely that the witnesses listed will be present and available to testify during trial;
8. That at the Trial Preparation Conference the parties shall be prepared to review and discuss, inter alia, the following:
a. stipulated and proposed jury instructions and verdict forms;
b. voir dire questions;
c. the jury selection process, including alternate jurors and peremptory challenges:
1. The use of the one or more alternate jurors [Review Fed. R. Crim. P. 24(c)];
2. Pretrial designation of the alternate juror(s);
3. The number and allocation of peremptory challenges [Review Fed. R. Crim. P. 24(b) and (c)(4)]; and
4. Retention or dismissal of alternate juror(s) [Review Fed. R. Crim. P. 24(c)(3)];
d. the use of juror questionnaires (if a questionnaire is used, the parties shall surrender their copies for destruction immediately subsequent to completion of jury selection);
e. identification of all persons permitted to be seated at each party's table;
f. the pronunciation of problematic party's and witness' names;
g. the names or monikers that may be used when referring to the defendant or a witness;
h. identification of "will call" and "may call" witnesses;
i. use of deposition testimony:
1. designation of specific testimony by page and line; and
2. identification of the person selected to read deposition answers;
j. use of video depositions:
1. resolution of objections;
2. pretrial redaction, if necessary; and
3. arrangements for necessary equipment to broadcast the deposition;
k. the admission of stipulated exhibits or exhibits about which there are no objections;
l. the allocation of trial time between the parties;
m. the necessity for cautionary or limiting instructions;
n. timing of publication, if any, of trial exhibits to the jury;
o. appropriate attire and clothing for defendant; and
p. security precautions, requirements, or issues;
r. training on the use of courtroom technology; and
s. transporting and bringing equipment, models, props, or other property into the courthouse and courtroom for use during trial;
9. That each side shall be permitted voir dire examination not to exceed 15 minutes following voir dire examination by the court, but shall not reiterate questions previously propounded by the court or another party;
10. That unless otherwise ordered, the jurors shall not be sequestered before deliberations;
11. That trial witnesses subject to sequestration under Fed. R. Evid. 615 shall be sequestered by order entered sua sponte immediately before opening statements;
12. That opening statements shall be limited to thirty (30) minutes per party;
13. That the court will not engage in the examination of any witness, except to eschew plain error;
14. That pursuant to REB Cr. Practice Standard III.B., each party shall have available at trial a set of exhibits for the court, the courtroom deputy clerk, and opposing counsel (one set per party);
15. That objections made in the presence or hearing of the jury shall be stated as succinctly as practicable and supported by recitation of apposite authority when possible; however, counsel and a pro se defendant shall not speechify an objection in the presence or hearing of the jury [Review Fed. R. Evid. 103(d) and 104(c)];
16. That in marshaling motions or objections during trial, the following sequential protocol shall be observed, unless interrupted by the court: objection, response, reply, ruling;
17. That to eliminate or minimize bench or sidebar conferences, each party shall be responsible to inform the courtroom deputy clerk in writing before the conclusion of a trial day specifying any issue which should be considered before commencing trial on the next scheduled day of trial and at the outset of a trial day specifying any issue which should be considered at the conclusion of that trial day;
18. That to facilitate preparation, marshaling, and consideration of proposed jury instructions and verdict forms consistent with REB Civ. Practice Standard V.A.5, the government shall identify and enumerate each individual jury instruction in the heading or title as INSTRUCTION NO. G-1, G-2, G-3, etc., and the defendant shall identify and enumerate each individual jury instruction in the heading or title as INSTRUCTION NO. D-1, D-2, D-3, etc.; provided, furthermore, the parties shall similarly identify and enumerate all proposed verdict forms and special interrogatories;
19. That closing argument shall be limited to forty-five (45) minutes total for each party; and
20. That for additional information about courtroom protocol, courtroom technology and training, trial preparation, transport or items into the courthouse and courtroom, or submission of trial exhibits, the courtroom deputy clerk, should be contacted.
Dated April 10, 2013, at Denver, Colorado.
BY THE COURT:
_______________
Robert E. Blackburn
United States District Judge