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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Case 2:14-cr-00233-GEB Document 44 Filed 04/26/16 Page 1 of 4 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 UNITED STATES OF AMERICA, No. 2:14-cr-00233-GEB 10 Plaintiff, 11 v. TRIAL CONFIRMATION ORDER 12 BONIFACIO TORRES-HURTADO, 13 Defendant. 14 15 Trial in the above-captioned case, scheduled to 16 commence at 9:00 a.m. on August 30, 2016, was confirmed at the 17 hearing held on April 22, 2016. 18 EVIDENTIARY DISPUTES 19 All evidentiary disputes capable of being resolved by 20 in limine motions shall be set forth in such motions no later 21 than July 8, 2016. Oppositions to the motions or statements of 22 non-opposition shall be filed no later than July 15, 2016. 23 Hearing on the motions will commence at 9:00 a.m. on August 5, 24 2016. 25 Any reasonably anticipated dispute concerning the 26 admissibility of evidence that is not briefed in an in limine 27 motion shall be included in trial briefs. E.D. Cal. R. 285(a)(3). 28 1 Case 2:14-cr-00233-GEB Document 44 Filed 04/26/16 Page 2 of 4 1 2 TRIAL PREPARATION 3 A. No later than August 1, 2016, the following 4 documents shall be filed:1 5 (1) proposed jury instructions and a proposed 6 verdict form; 7 (2) proposed voir dire questions to be asked by 8 the Court; 9 (3) trial briefs; 10 (4) a joint statement or joint proposed jury 11 instruction that can be read to the jury during voir dire that 12 explains the nature of the case; and 13 (5) proposed verdict form. 14 B. The parties estimate it will take approximately 15 four court days to present, which includes closing arguments. 16 Each side indicated ten minutes is sufficient for voir dire, 17 which may be used after the judge completes judicial voir dire. 18 Two alternate jurors will be empaneled. The “struck 19 jury” system will be used to select the jury. The struck jury 20 system is “designed to allow both the prosecution and the defense 21 a maximum number of peremptory challenges. The venire . 22 start[s] with about 3[6] potential jurors, from which the defense 23 and the prosecution alternate[] with strikes until a petite panel 24 of 12 jurors remain[s].” Powers v Ohio, 499 U.S. 400, 404-05 25 (1991); see also United States v. Esparza-Gonzalez, 422 F.3d 897, 26 899 (9th Cir. 2005) (discussing the “struck jury” system). 27 1 Defendant need not file a trial brief and/or proposed jury instructions if he has tactical or other reasons for not complying with this portion of the 28 order. 2 Case 2:14-cr-00233-GEB Document 44 Filed 04/26/16 Page 3 of 4 1 The Jury Administrator randomly selects potential 2 jurors and places their names on a list that will be provided to 3 each party in the numerical sequence in which they were randomly 4 selected. Each juror will be placed in his or her randomly- 5 selected seat. The first 12 jurors on the list will constitute 6 the petit jury unless one or more of those 12 is excused for some 7 reason. Assuming that the first listed juror is excused, the 8 thirteenth listed juror becomes one of the twelve jurors. 9 The Courtroom Deputy will give each juror a large 10 laminated card on which their number is placed. When questions 11 are posed to the jurors as a group, they will be asked to raise 12 their number if they have a response. Generally, jurors will be 13 given an opportunity to respond in numerical order. 14 Following the voir dire questioning, each side will 15 take turns exercising its peremptory challenges. The parties will 16 be given a sheet of paper (“strike sheet”) upon which they shall 17 silently exercise their peremptory challenges in the manner 18 specified on the strike sheet, commencing with Defendant, by 19 passing the strike sheet back and forth until all peremptory 20 challenges are used or waived.[2] See Esparza-Gonzalez, 422 F.3d 21 at 899 (“Beginning with the defense, each side exercises its 22 . peremptory strikes on an alternating basis.”). If a side 23 elects to pass rather than exercise a particular peremptory 24 challenge, that challenge is waived.3 25 2 Prospective alternate juror peremptory challenges “may be used only to remove alternate jurors.” Fed. R. Crim. P. 24(c)(4). 26 3 See id. (discussing waiver of peremptory challenges in “struck jury system”); see generally United States v. Yepiz, 685 F.3d 840, 845-46 (9th Cir. 27 2012) (indicating “‘use it or lose it’ voir dire practice” is authorized if “the composition of the panel” does not change). 28 3 Case 2:14-cr-00233-GEB Document 44 Filed 04/26/16 Page 4 of 4 1 The alternate jurors will be retained after the jury 2 retires to deliberate, and be kept in the alternate juror status, 3 but they will not have to appear at court unless the need arises 4 for an alternate juror to replace a regular juror. 5 C. Each side has up to fifteen minutes to make an 6 opening statement. 7 IT IS SO ORDERED. 8 Dated: April 22, 2016 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 .
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