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Jurors 2A–1 Tips for Effective Jury Instructions
Online CLE From the Bench: Lessons Learned from Handling Jury Issues in High-Profile Cases 1.25 General CLE credits From the Oregon State Bar CLE seminar 26th Annual Litigation Institute and Retreat, presented on March 1 and 2, 2019 © 2019 The Honorable Anna Brown, The Honorable Julie Frantz. All rights reserved. ii Chapter 2A From the Bench: Lessons Learned from Handling Jury Issues in High-Profile Cases THE HONORABLE ANNA BROWN U.S. District Court, District of Oregon Portland, Oregon Contents Tips for Trial Lawyers re What Matters Most to Jurors . 2A–1 Tips for Effective Jury Instructions . 2A–9 Jury Management Documents Used in US v. Bundy . 2A–13 Redacted Jury-Management Order Including Discussion of Partial Sequestration. 2A–13 First Letter to Jurors Sent Together with Their Summonses . 2A–23 Second Letter to Jurors Sent Together with the Juror Questionnaire. 2A–27 Juror Questionnaire with Instructions and Oath, Attachments, and Download Instructions . 2A–29 Order Regarding Peremptory Challenges . 2A–73 Preliminary Order Regarding Media Motion for Disclosure of 9/7/16 Juror Identities, Including Language Addressing Concerns of 2/14/17 Parties Regarding Effect on Then-Upcoming 2/14/17 Jurors . 2A–77 Order Appointing Counsel for 9/7/16 Jurors Together with Letter Sent to Jurors . 2A–79 Chapter 2A—From the Bench: Lessons Learned from Handling Jury Issues in High-Profile Cases 26th Annual Litigation Institute and Retreat 2A–ii Chapter 2A—From the Bench: Lessons Learned from Handling Jury Issues in High-Profile Cases Tips for Trial Lawyers re What Matters Most to Jurors Anna J. -
Number One in Energy Consumption
the SUMMIT HIGH SCHOOL FRIDAY, MARCH 18, 2016 PINNACLE VOLUME 15, ISSUE 4 The lights are on as the staff welcomes eighth graders as incoming freshmen for an evening of orientation activities. One reason our energy costs are higher may well rest in the fact that our school is open seven days a week and is often utilized by college and community groups in the evenings and on weekends. Building lights, heat and air conditioning units make up the largest portion of our electricity bill, which runs more than $13,000 each month. With its high ceilings and large windows, the school requires a larger amount of energy than most. Photo by Miranda Harris Hamlin NUMBER ONE IN ENERGY CONSUMPTION Kevin Crawford dollars saved for the American driver. Now, in 2016, the effects of this push for energy Editor-in-Chief efficiency, both indirect and direct, are everywhere. In April of 2010, the federal government adopted new standards for automobiles, Georgetown University, in solidarity with this national and global movement, requiring manufacturers, like Ford and Chevrolet, to improve the average fuel challenged 50 communities across the U.S. to, over a two-year period spanning from efficiency of their new-car fleets by 30 percent by 2016. The New York Times, in an 2015 to 2016, massively reduce their energy usage. editorial entitled “Everybody Wins,” said the standards would produce a “trifecta of The winning community, which will be selected in July of 2017, will receive five benefits.” In 2009, these benefits were enumerated by then U.S. Secretary of Energy million dollars to help fund further energy efficiency-improving projects. -
RANGE Magazine, Winter 2020-The Jackbook File: Looking for Justice
WI20 10.12 pm.qxp__ Spirit 1-95.q 10/14/19 10:20 AM Page 72 “I spent an entire month at that trial,” THE JACKBOOT FILE: Jeanette says. “Of the 30 officers who testified, only one went off their script and told the truth. But I learned a lot. I learned that the LOOKING FOR JUSTICE FBI was in charge of the entire operation. It was the FBI who ordered no body cameras, The real story of LaVoy Finicum has yet to be told. no audio and no video. The FBI’s 40-year trainer testified that multiple protocols were By Patricia Aiken broken on multiple levels of government that night. An FBI supervisor who was in charge at the first stop when LaVoy’s truck and he mainstream media has had nearly alleges: “These defendants were mentally pre- Ammon Bundy’s driver were pulled over tes- four years to correct the lie that rancher disposed and committed to using excessive tified that the occupants of the truck were in Tand therapeutic foster parent LaVoy lethal force, to solve a political dispute. The compliance with the orders being given to Finicum was reaching for a loaded handgun result has been both haunting and tragic,” them. Then ‘Oregon State Police Officer #1’ when he was gunned down by government contending the defendants engaged in “wide- fired a round into LaVoy’s truck.” agents on U.S. Hwy. 395 outside Burns, Ore. spread and systemic corruption” and “pre- Jeanette continues: “The supervisor testi- In the snow, with his hands in the air, LaVoy meditated targeting.” fied that shot escalated the entire situation. -
The Oregon Standoff
Sam Jacobs – The Oregon Standoff The Oregon Standoff: Understanding LaVoy Finicum’s Death & the Management of BLM Land By Sam Jacobs, Ammo.com, January, 2020 https://ammo.com/articles/oregon-standoff-lavoy-finicum-hammond-bundy-ranchers-took-on-federal- government-blm You're free to republish or share any of our articles (either in part or in full), which are licensed under a Creative Commons Attribution 4.0 International License. Our only requirement is that you give Ammo.com appropriate credit by linking to the original article. Spread the word; knowledge is power! ==================== When one talks about the Bundy Family, the first thing that springs to mind is the standoff in Nevada in 2014. However, perhaps even more important is the standoff and occupation at Oregon’s Malheur National Wildlife Refuge in 2016. Indeed, the two events are often conflated because Ammon Bundy is the son of Cliven Bundy, the man who stood up to the federal government over “grazing fees” on Bureau of Land Management land. The occupation was a highlight for both the militia and the sovereign citizen movement as well as proponents of states’ rights. The main argument from those occupying the land is that the federal government is mandated by law to turn over the land that they manage to the individual states in which the land sits. This, they argued, was particularly true of the Bureau of Land Management, United States Forestry Service, and United States Fish and Wildlife Service land. The 2016 Oregon standoff was over two ranchers convicted of arson on federal lands – despite the fact that the men, a father and son pair named Dwight and Steven Dwight Hammond, did not want their support. -
233-8103 Grand Jury Action [email protected] STATE of HAWAII
AFFIDAVIT OF STEWART WATERHOUSE Steward D. Waterhouse! P.O. Box 700325! Kapolei, Hawaii 96709! (808) 233-8103! ! Grand Jury Action! [email protected]! ! ! STATE OF HAWAII!!)!! !!!!!)!SS:! HONOLULU COUNTY!)!! ! ! AFFIDAVIT OF STEWART WATERHOUSE! ! !I, Stewart Waterhouse, having been first duly sworn, do hereby depose and state as follows:! Introduction and My Background! ! 1. I am Stewart D. Waterhouse, born May 13, 1958, and am of sound mind. This Affidavit is submitted in support of a Criminal Complaint, regarding violation of 18 USC §241 and §242 and/or in the alternative 18 USC §2, relating to events of a Stop and subsequent fatal Road Block on Hwy 395 in Harney county, Oregon on January 26, 2016. This Affidavit is a written sworn statement of the essential facts constituting the offense(s) alleged, with recommendation it be referred to a Federal Grand Jury in and for the District of Oregon1. 1 FRCrP rule 6(a)(1) “When the public interest so requires, the court must order that one or more grand juries be summoned.” page "1 of "28 AFFIDAVIT OF STEWART WATERHOUSE 2. This Criminal Complaint and supporting Affidavit is made pursuant to the United States Constitution, First Amendment, within the penumbra2 of the Right to Petition for Redress of Grievance. When the grievance is a crime, the appropriate recipient of petition should be a Grand Jury. In this instant case, the “Bundy group,” had their First and Fourth Amendment Rights conspired against and were in fact deprived of same. Resulting in the death of one of them and the planting of a gun in the victim’s pocket in attempt to justify unlawful actions.! ! 3. -
Indictment Lavoy Finicum Murder.Pdf
We the Grand Jury charge Hillary Clinton, Harry Mason Reid, BLM Special Agent in Charge Daniel Love for Utah and Nevada, Attorney General Loretta Lynch, FBI Director James Comey, Oregon Governor Katherine Brown, FBI Special Agent Gregory T. Bretzing, Grant County Commissioner Boyd Britton, Sheriff David Ward, Judge Steven Grasty, FBI Agent W. Joseph Astarita, and numerous John/Jane Doe(s) from multiple agencies ( To be identified ) which include, but are not limited, to the Local Police, State Police, BLM, FBI and NGO Contractors with: • RICO. • Murder, wrongful prosecution, abuse of powers and subversion • 18 USC §241 Conspiracy against Rights, resulting in murder of LaVoy Finicum, thereby we seek the death penalty. • 18 USC §242; Deprivation of rights under color of law, resulting in murder of LaVoy Finicum death, thereby we seek the death penalty. • 18 USC §1001 knowingly and willfully falsifying and concealing material fact, knowingly and willfully falsifying and concealing material fact, making materially false statements seeking 8 years imprisonment. ( All officers state or federal and the governor are part of the executive branch. The Sheriff, Attorney General and Judge are part of the judicial branch ). • 42 USC 1983 Civil Action for Deprivation of Rights, Grand Jury seeks restitution for all victims as per the Petit Jury Judgment, to fulfil the Common Law Maxim - for every injury there must be a remedy. • 42 USC §1986 Action for neglect to prevent, the Jury is to be aware of their power of nullification and thereby have the authority to reward any amount. • 18 USC §1117 Conspiracy to murder, LaVoy Finicum and others, thereby we seek life imprisonment. -
Bundy Response to Govt Objs Ammon
Case 3:16-cr-00051-BR Document 1379 Filed 10/03/16 Page 1 of 56 J. Morgan Philpot (Oregon Bar No. 144811) Marcus R. Mumford (admitted pro hac vice) 405 South Main, Suite 975 Salt Lake City, UT 84111 (801) 428-2000 [email protected] [email protected] Attorneys for Defendant Ammon Bundy IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON UNITED STATES OF AMERICA, Case No. 3:16-cr-00051-BR Plaintiff, RESPONSE TO GOVERNMENT v. OBJECTIONS RE EXHIBITS TO BE AMMON BUNDY, et al, USED IN AMMON BUNDY’S DIRECT EXAMINATION Defendants. The Honorable Anna J. Brown Overview: Below is the full exchange between the government and the defendant on each proposed exhibit for Mr. Bundy’s testimony. In summary, the government’s argument on most of the exhibits is a “hearsay” objection, and specifically that statements not made by Mr. Bundy cannot quality as an exception to the hearsay rule. However, this argument misses the point. Defendant is relying on two basic principles when admitting exhibits that have evidentiary significance for proving Mr. Bundy’s “state of mind” or “intention.” First, as a general position, the exhibits containing statements made by someone other than Mr. Bundy, are being offered to show the effect on Mr. Bundy (who had viewed or heard the statements). These statements are not offered for the truth of the third party statement, and therefore are not hearsay. This is consistent with well-established authority. "In criminal trials, statements that the defendant heard or read may be admitted to shed light on the question whether he acted innocently or accidentally, or instead acted purposefully or wrongfully or with malicious intent.” 4 Federal Evidence § 8:20 (4th ed.). -
White River National Forest, in Denver’S Back Yard, Is a Place of Superla- Ttives
The Newsletter of Forest Service Employees For Environmental Ethics Winter 2016 A Rebellion Reignites How the occupation of a federal wildlife refuge in a remote corner of Oregon reshaped tensions over public lands. Inside Collaring Wolves in Wilderness / New Rules for Ski Areas / Saluting Bravery Lightning Strikes, Again In 2014, Cliven Bundy led an armed standoff in Nevada to dispute government regulation of pub- lic land grazing. Many commentators saw it as a Forest Service Employees for Environmental Ethics resurgence of the Sagebrush Rebellion, a movement PO Box 11615 • Eugene, OR 97440 launched in the 1970s by western conservatives who (541) 484-2692 • Fax (541) 484-3004 sought to remove public land from federal owner- [email protected] • www.fseee.org ship. Politicians and personalities endorsed Bundy’s battle cry (at least until his true colors appeared in racist commentary that had most supporters run- ning for the hills). BOARD OF DIRECTORS At the beginning of 2016, two of his sons fol- Dave Iverson, President Social Scientist, Ogden, Utah lowed in their father’s footsteps by leading the armed occupation of the Mal- Jackie Canterbury, Vice President heur National Wildlife Refuge. Their demand: transfer federal lands to state and Wildlife Biologist, Bighorn, private ownership. Wyoming But something unexpected happened this time around. While a small con- Stephen Horne, Secretary/Treasurer tingent of radicals did flock to the remote outpost in Oregon, the local commu- Archaeologist, Bend, Oregon nity, editorial boards across the country, members of law enforcement and the Kevin Hood, At Large public at large opposed the militant occupiers. -
Nostalgia in Oregon's Militia Movement
The Point of the Spear: Nostalgia in Oregon’s Militia Movement By Dr. Binoy Kampmark Region: USA Global Research, January 06, 2016 Theme: Police State & Civil Rights President Abraham Lincoln rendered the Union marble from rather haphazardly made brick. It took the most vicious of civil wars on US soil to make a mystique of it. But the tensions between the central government and fractious peripheries within the US did not dissipate. The US remains a complex entity of disparate factions, held together tenuously by the ideals of the Republic. Since the weekend, armed militants have held sway in the Malheur National Wildlife Refuge in eastern Oregon, with an intention of staying on “for several years”. Some stem from Harney County, including Ammon Bundy, son of a Nevada rancher Cliven Bundy who won a 2014 standoff with officers over the use of federal land (The Guardian, Jan 4). The refuge itself was seized by militia stemming from the Nevadan Bundy family (Ryan and Ammon); Montana electrician Ryan Payne; and Jon Ritzheimer and Blaine Cooper, both of whom hail from Arizona. Ostensibly, the occupying militants seek the release of two local ranchers, father Dwight and son Steven Hammond. Both were convicted of arson on federal land. But much more seems to be at stake, with the whiff of the vigilante challenging authority coming to the fore. This was in evidence with the march on Harney County courthouse in the name of the Hammonds. Customary symbols of authority were rebuked, with the courthouse and the sheriff’s office pelted with coins. What Harney County sheriff David Ward saw was far more than a protest specific to the release of two ranchers whom the protesters felt had been hard done by. -
Finicum Complaint
Case 2:18-cv-00160-SU Document 1 Filed 01/25/18 Page 1 of 48 Lisa J. Ludwig (Oregon Bar No. 953387) [email protected] LUDWIG RUNSTEIN LLC The Gilbert Building 333 SW Taylor St. Suite 300 Portland, Oregon 97204 (503) 223-5570 Attorney for Plaintiffs J. Morgan Philpot (Oregon Bar No. 144811) [email protected] JM PHILPOT LAW, PLLC 1063 East Alpine Drive Alpine, UT 84004 (801) 428-2000 Attorney for Plaintiff (Active Status Pending) IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON D. JEANETTE FINICUM; THARA Case No. ____________ TENNEY; TIERRA COLLIER; ROBERT FINICUM; TAWNY CRANE; ARIANNA BROWN; BRITTNEY BECK; MITCH CIVIL COMPLAINT FINICUM; THOMAS KINNE; CHALLICE DEMAND FOR JURY TRIAL FINCH; JAMES FINICUM; DANIELLE FINICUM; TEAN FINICUM; and the ESTATE OF ROBERT LAVOY FINICUM. Plaintiffs, v. UNITED STATES OF AMERICA; FBI, BLM; DANIEL P. LOVE; SALVATORE LAURO; HARRY MASON REID; GREG T. BRETZING; W. JOSEPH ASTARITA; STATE OF OREGON; OREGON STATE POLICE; KATHERINE BROWN; RONALD LEE WYDEN; HARNEY COUNTY; DAVID M. WARD; STEVEN E. GRASTY; THE CENTER FOR BIOLOGICAL DIVERSITY; and JOHN DOES 1-100. Defendants. Page 1 of 48 | Civil Complaint Case 2:18-cv-00160-SU Document 1 Filed 01/25/18 Page 2 of 48 Plaintiffs, D. Jeanette Finicum, Thara Tenney, Tierra Collier, Robert Finicum, Tawny Crane, Arianna Brown, Brittney Beck, Mitch Finicum, Thomas Kinne, Challice Finch, James Finicum, Danielle Finicum, Tean Finicum and the Estate of Robert LaVoy Finicum, by and through undersigned counsel, individually and together allege in totality and in the alternative: STATEMENT OF THE CASE 1. -
This Land Is My Land: the Omplexc Land Ethics at the Heart of the Occupation of Malheur National Wildlife Refuge Fi V
Fordham University Masthead Logo DigitalResearch@Fordham Student Theses 2015-Present Environmental Studies Spring 5-10-2019 This Land is My Land: The omplexC Land Ethics at the Heart of the Occupation of Malheur National Wildlife Refuge Fi V. Whalen Fordham University, [email protected] Follow this and additional works at: https://fordham.bepress.com/environ_2015 Recommended Citation Whalen, Fi V., "This Land is My Land: The ompC lex Land Ethics at the Heart of the Occupation of Malheur National Wildlife Refuge" (2019). Student Theses 2015-Present. 76. https://fordham.bepress.com/environ_2015/76 This is brought to you for free and open access by the Environmental Studies at DigitalResearch@Fordham. It has been accepted for inclusion in Student Theses 2015-Present by an authorized administrator of DigitalResearch@Fordham. For more information, please contact [email protected]. Whalen !1 This Land is My Land: The Complex Land Ethics at the Heart of the Occupation of Malheur National Wildlife Refuge Fi V. Whalen Dr. John Van Buren Environmental Studies Thesis Whalen !2 Abstract This thesis closely examines the occupation of Malheur National Wildlife Refuge by conservative activists in 2016 as well as the historical and political parameters that allowed the event to occur in modern-day rural Oregon. First, the occupiers, members of local and national chapters of the Patriot movement, are considered along with their conservative ideological predecessors. The historical-political origins of Oregon - with its storied direct democracy system and a resulting culture of staunch populism - give insight into the regional support for the occupiers. A meticulous examination of the event provides a window into deeper ethical discussions of land tenure and resiliency in the American West, particularly in light of drastic environmental degradation. -
16-04-19 OR Habeas Corpus
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON Mark O. Hatfield US Courthouse, 1000 SW 3 rd Avenue, Room 740, Portland, OR 97204-2802 5 William Joseph Goode, 3900 Stockton Hill Road, Suite B-184, Kingman, AZ 86409; Next Friend acting on behalf of Petitioner, Rule 17, 28 U.S.C. 1 TTTribunal: UUUnified UUUnited SSStates CCCommon LLLaw GGGrand JJJury : P.O. Box 59; Valhalla, New York 10595; Fax: (888) 891 -8977 TO: Chief Judge Michael W. Mosman, assigned by UUSCLGJ [NOTE : Written approval from UUSCLGJ required for any reassignment ] Court of UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON , Origin: de facto; CASE NO. 3:16-cr-00051-AA , statutory Dylan Wade Anderson, Sandra Lynn Pfeifer Anderson, Sean Larry Anderson, Jeff Wayne Banta, Jason Charles Blomgren, Ammon Edward Bundy, Ryan C. Bundy, B rian D. Assigned: Chief Judge Michael W. Mosman Cavalier, Blaine Cooper, Shawna Cox, Travis FEDERAL CASE NO. 1776 -1789 -2015 , Cox, Duane Leo Ehmer, Eric Lee Flores, de jure David Lee Fry, Wesley Kjar , Corey Omar CORAM NOBIS 2 Lequieu, Kenneth Medenbach, Joseph D. O’Shaughnessy, Jason Patrick, Ryan Waylen Payne, Jon Eric Ritzheimer, Jake Ryan, xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx 1 “THE GRAND JURY is an institution separate from the courts over whose functioning the courts do not preside... the grand jury is mentioned in the Bill of Rights, but not in the body of the Constitution. It has not been textually assigned, therefore, to any of the branches described in the first three (3) Articles. It is a constitutional fixture in its own right. In fact, the whole theory of its function is that it belongs to no branch of the institutional government, serving as a kind of buffer or referee between the Government and the people..