Hello Jordan,
I've attached the summary. I will not be submitting an example instruction
on General intent.
-----Original Message-----
From: Jordan_Paterra@mied.uscourts.gov
[mailto:Jordan_Paterra@mied.uscourts.gov]
Sent: Monday, January 10, 2011 3:01 PM
To: Corken, Cathleen (USAMIE); haytham@puckettfaraj.com; Martin, Michael C.
(USAMIE)
Cc: Jordan Paterra
Subject: United States v. Hamama, Jury Instructions Issue, Stipulation
Ms. Corken, Mr. Faraj, and Mr. Martin,
I have inserted a standard definition of "stipulation" into the
instructions. While looking for a definition, I ran across a requirement
that the parties need to put the stipulation on the record before it is
read during jury instructions. I checked with Judge Edmunds, and she does
not remember that you stipulated to the Notification to the Attorney
General instruction on page 21 of the instructions: "The parties have
stipulated that the defendant did not give any prior notification of his
activities to the Attorney General of the United States."
Here is the relevant authority I ran across:
Although not reversible, trial court erred in first presenting
stipulation of the parties to the jury in the form of the court's
instructions. While agreeing that "no settled rule exists as to how
the jury is to be informed of a stipulation," the majority in United
States v. Pratt, 496 F.3d 124, 127-28 (1st Cir. 2007) noted "there
is a settled rule that the content of the stipulation must be
published to the jury prior to the close of the evidence." The court
went on to observe "[t]his presentation may take various forms: the
stipulation itself could be entered into evidence, the court could
read the stipulation into evidence, or the parties could agree that
one of them will publish the stipulation to the jury. The
presentation will often include an explanation by the court that the
stipulation means that the government and the defendant accept the
truth of a particular proposition of fact, and, hence, there is no
need for evidence apart from the stipulation itself."
Could one of you please put this stipulation on the record tomorrow?
Thanks,
Jordan
Jordan Paterra
Law Clerk to the Honorable Nancy G. Edmunds
United States District Court for the Eastern District of Michigan
313.234.5155
Attachment:
Defendant instruction.docx
Description: application/vnd.openxmlformats-officedocument.wordprocessingml.document