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United States v. Jackson

United States District Court, D. Nevada

April 10, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
CLIFTON JAMES JACKSON, Defendant.

          Counsel for Plaintiff: Megan Rachow

          Counsel for Defendant: Kate Berry

          PRESENT: THE HONORABLE HOWARD D. McKIBBEN, SENIOR U.S. DISTRICT JUDGE

          MINUTES OF COURT

         Deputy Clerk: Paris Rich Reporter: Margaret Griener

         At 8:40 a.m., the Court convenes.

         The Defendant (in custody without restraints) is present with counsel. The Defendant is dressed in street clothes. Also, present at counsel table is Christian Filipiak, Investigator, Federal Public Defender's Office.

         Government counsel are present with Glenda Newby, Litigation Support Specialist, U.S. Attorney's Office.

         Counsel stipulate to the random draw of the jury. The Court addresses the procedure for any Batson challenge.

         The Court addresses the pending motion in limine. With respect to the Defendant's ECF No. [63] Motion in Limine to Preclude Testimony of Hearing Shots Fired. The Court recites findings and conclusions. IT IS ORDERED, ECF No. [63] Motion is DENIED.

         Ms. Rachow addresses the Defendant's juvenile son as proposed Defense Witness A.S. Further, Ms. Rachow states she has spoken with the juvenile son's state court counsel and is advised that if the juvenile is called to testify he will be invoking his Fifth Amendment. Additionally, there is no immunity extended or provided as the Government does not have jurisdiction. The Court and counsel confer.

         Ms. Berry invokes the rule of exclusion. IT IS SO ORDERED.

         The Court and counsel discuss the Defendant's proposed Exhibits 501 and 507. IT IS ORDERED, the Defendant's Exhibits 501 and 507 are received into evidence.

         The Court and counsel discuss the voir dire process and anticipated trial procedure.

         At 9:02 a.m., Fifty-two (52) prospective jurors enter the courtroom.

         The Court presents opening remarks and introduces counsel. The Court further summarizes this action and the anticipated trial schedule. The voir dire oath is administered and 32 prospective jurors are seated.

         The Court addresses the issue of unconscious bias.

         At 10:15 a.m., the jury is passed for cause. Counsel exercise peremptory challenges.

         At 10:43 a.m., Counsel stipulate to the 14 seated jurors. The Court thanks and excuses the remaining jurors for a period of two years.

         The Court recites statements to the jury regarding the trial progression. The ...


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