Free Proposed Jury Instructions - District Court of Arizona - Arizona

1 JON M. SANDS Federal Public Defender 2 850 W. Adams, Ste 201 Phoenix, Arizona 85007 3 Telephone: 602-382-2700 4 DAVID LEE TITTERINGTON State Bar # 006500 5 Asst. Federal Public Defender [email protected] 6 Attorney for Defendant 7 8 9 10 11 12 13 14 15 vs. William Domingo, Defendant. The parties, by and through undersigned counsel, respectfully submit the United States of America, Plaintiff, No. CR-04-1100-PHX-DGC JOINT JURY INSTRUCTIONS IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

16 attached instructions to the Court and request that the same be given by the Court to 17 the jury in the trial of the above­captioned matter. Further, the parties may request 18 supplemental jury instructions at or near the completion of trial. Respectfully submitted: April 3, 2006. 19 20 21 22 23 24 25 26 27 28 s/ To Simn m o Tom Simon Assistant United States Attorney
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JON M. SANDS Federal Public Defender s/ D a idL e Titte g n v e rin to DAVID LEE TITTERINGTON Assistant Federal Public Defender PAUL CHARLTON United States Attorney

1 Copy of the foregoing transmitted by ECF for filing this 3rd day 2 of April, 2006, to: 3 Clerk's Office United States District Court 4 Sandra Day O'Connor Courthouse 401 W. Washington 5 Phoenix, Arizona 85003 6 Tom Simon Assistant U.S. Attorney 7 United States Attorney's Office Two Renaissance Square 8 40 N. Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408 9 Copy mailed to: 10 William Domingo 11 Defendant 12 s/ K a yA . K ru kee th c brg 13 Kathy A. Kruckeberg 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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1 In addition to the attached instructions, the parties hereby request the following 2 instructions from the Manual of Model Criminal Jury Instructions for the Ninth 3 Circuit (2003): 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3
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Preliminary Instructions Duty of Jury The Charge­Presumption of Innocence What is Evidence What is Not Evidence Evidence for Limited Purpose Direct and Circumstantial Evidence Ruling on Objections Credibility of Witnesses Conduct of the Jury No Transcript Available to Jury Taking Notes Outline of Trial Instructions in the Course of Trial

1.1 1.2 1.2 1.4 1.5 1.6 1.7 1.8 1.9 1.10 1.11 1.12

2.1 2.2 2.4

Cautionary Instruction ­ First Recess Bench Conferences and Recesses Stipulations of Fact Instructions At End Of Case

3.1 3.2

Duties of Jury to Find Facts and Follow Law Charge Against Defendant Not Evidence­ Presumption of Innocence­Burden of Proof 3.3 Defendant's Decision Not to Testify 3.5 Reasonable Doubt­Defined 3.6 What is Evidence 3.7 What is Not Evidence 3.8 Direct and Circumstantial Evidence 3.9 Credibility of Witnesses 3.12 Separate Consideration of Multiple Counts­ Single Defendant Responsibility 5.6 Knowingly ­ defined Consideration of Particular Evidence 4.1 Statements by Defendant 4.17 Opinion evidence­expert testimony

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Jury Deliberations Duty to Deliberate Consideration of Evidence Jury Consideration of Punishment Verdict Form Communication with Court

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1 2 3 4 5 6 7 8 9 Kisto;

Defendant's Proposed Jury Instruction No. ______ The defendant, William Kevin Domingo, is charged in count 1 of the indictment with assault with a dangerous weapon, in violation of 113(a)(3) of Title 18 of the United States Code. To prove Mr. Domingo guilty of this charge, the government must prove the following elements beyond a reasonable doubt: First, the defendant intentionally struck or wounded Lawrence Samuel

Second, the defendant acted with the specific intent to do bodily harm

10 to Lawrence Samuel Kisto; Third, the defendant used a machete. A machete is a dangerous weapon 11 12 if it is used in a way that is capable of causing death or serious bodily injury. 13 14 Fourth, the defendant is an Indian; and Fifth, that the assault occurred in the District of Arizona, within the

15 confines of the Gila River Indian Community. 16 17 18 19 20 Authority: 21 22 23 24 25 26 27 GIVEN: _____ 28 REFUSED: _____ MODIFIED:_____
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Manuel of Model Jury Instructions for the Ninth Circuit § 8.5 (2003 Edition)

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Defendant's Proposed Jury Instruction No. ______

The defendant, William Kevin Domingo, is charged in count 2 of the indictment with assault with a dangerous weapon, in violation of 113(a)(3) of Title 18 of the United States Code. To prove Mr. Domingo guilty of this charge, the government must prove the following elements beyond a reasonable doubt: First, the defendant intentionally used a display of force that reasonable

9 caused Lawrence Samuel Kisto to fear immediate bodily harm; Second, the defendant acted with the specific intent to do bodily harm 10 11 to Lawrence Samuel Kisto; 12 13 14 Third, the defendant used a handgun; Fourth, the defendant is an Indian; and Fifth, that the assault occurred in the District of Arizona, within the

15 confines of the Gila River Indian Community. 16 17 18 19 20 Authority: 21 22 23 24 25 26 27 GIVEN: _____ 28 REFUSED: _____ MODIFIED:_____
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Manuel of Model Jury Instructions for the Ninth Circuit § 8.5 (2003 Edition)

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Defendant's Proposed Jury Instruction No. ______ The defendant, William Kevin Domingo, is charged in count 3 of the

4 indictment with discharging a firearm during and in relation to a crime of violence in 5 violation of Section 924 (c) of the United States Code. In order for the defendant to 6 be found guilty of that charge, the government must prove each of the following 7 elements beyond a reasonable doubt: 8 First, the defendant committed the crime of assault with a dangerous 9 weapon as charged in count 2 of the indictment; 10 Second, the defendant knowingly used a firearm, i.e., a handgun; and 11 Third, the defendant used the firearm during and in relation to the crime 12 charged in count 2. 13 Fourth, the conduct occurred in the District of Arizona. 14 A defendant has "used" a firearm if he has actively employed the firearm 15 in relation to the crime charged in count 2. Use includes any of the following: 16 17 brandishing, displaying, or firing a firearm. 18 20 21 22 23 24 25 26 27 GIVEN: _____ 28 REFUSED: _____ MODIFIED:_____
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A defendant takes such action "in relation to the crime" if the firearm

19 facilitated or played a role in the crime.

Authority:

Manuel of Model Jury Instructions for the Ninth Circuit § 8.5 (2003 Edition)

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Defendant's Proposed Jury Instruction No. ______

The defendant, William Kevin Domingo, is charged in count 4 of the indictment with assault with a dangerous weapon, in violation of 113(a)(3) of Title 18 of the United States Code. To prove Mr. Domingo guilty of this charge, the government must prove the following elements beyond a reasonable doubt: First, the defendant intentionally struck or wounded Hubert Evans Jr.; Second, the defendant acted with the specific intent to do bodily harm

10 to Hubert Evans Jr.; Third, the defendant used a handgun; 11 12 13 15 16 17 18 19 20 21 22 23 24 25 26 27 GIVEN: _____ 28 REFUSED: _____ MODIFIED:_____
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Fourth, the defendant is an Indian; and Fifth, that the assault occurred in the District of Arizona, within the

14 confines of the Gila River Indian Community.

Authority:

Manuel of Model Jury Instructions for the Ninth Circuit § 8.5 (2003 Edition)

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1 2 3 4 5 6 7 8 9 10 11 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 GIVEN: Authority:

Defendant's Proposed Jury Instruction No. ______ The defendant, William Kevin Domingo, is charged in count 5 of the indictment with assault resulting in serious bodily injury in violation of Section 113(a)(6) of Title 18 of the United States Code. In order for the defendant to be found guilty of that charge, the government must prove each of the following elements beyond a reasonable doubt: First, the defendant intentionally wounded Hubert Evans Jr.; Second, as a result, Hubert Evans Jr. suffered serious bodily injury; Third, the defendant is an Indian; and Fourth, that the assault occurred in the District of Arizona, within the

12 confines of the Gila River Indian Community.

Manuel of Model Jury Instructions for the Ninth Circuit § 8.5 (2003 Edition)

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28 REFUSED: _____ MODIFIED:_____
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Defendant's Proposed Jury Instruction No. ______ The defendant, William Kevin Domingo, is charged in count 6 of the indictment with using a firearm during and in relation to a crime of violence in violation of Section 924 (c) of the United States Code. In order for the defendant to be found guilty of that charge, the government must prove each of the following elements beyond a reasonable doubt: First, the defendant committed the crime of assault with a dangerous

9 weapon as charged in count 4 of the indictment; or the crime of assault resulting in 10 serious bodily injury as charged in count 5 of the indictment; 11 12 14 15 Second, the defendant knowingly used a firearm, i.e., a handgun; Third, the defendant used the firearm during and in relation to the crime

13 charged in count 4 or count 5. Fourth, the conduct occurred in the District of Arizona. A defendant has "used" a firearm if he has actively employed the firearm

16 in relation to the crime charged in count 4 or count 5. Use includes any of the 17 following: brandishing, displaying, or firing a firearm. 18 A defendant takes such action "in relation to the crime" if the firearm 19 facilitated or played a role in the crime. 20 21 22 23 24 Authority: 25 26 27 GIVEN: _____ 28 REFUSED: _____ MODIFIED:_____
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Manuel of Model Jury Instructions for the Ninth Circuit § 8.5 (2003 Edition)

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Defendant's Proposed Jury Instruction No. ______

The defendant, William Kevin Domingo, is charged in count 7 of the indictment with assault with a dangerous weapon, in violation of Section 113(a)(3) of Title 18 of the United States Code. To prove Mr. Domingo guilty of this charge, the government must prove the following elements beyond a reasonable doubt: First, the defendant intentionally used a display of force that reasonably

9 caused Russell Blackwater Sr. to fear immediate bodily harm; Second, the defendant acted with the specific intent to do bodily harm 10 11 to Russell Blackwater Sr.; 12 13 14 Third, the defendant used a handgun; Fourth, the defendant is an Indian; and Fifth, that the assault occurred in the District of Arizona, within the

15 confines of the Gila River Indian Community. 16 17 18 19 20 21 22 23 24 25 26 27 GIVEN: _____ 28 REFUSED: _____ MODIFIED:_____
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Authority:

Manuel of Model Jury Instructions for the Ninth Circuit § 8.5 (2003 Edition)

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Defendant's Proposed Jury Instruction No. ______ The defendant, William Kevin Domingo, is charged in count 8 of the indictment with discharging a firearm during and in relation to a crime of violence in violation of Section 924 (c) of the United States Code. In order for the defendant to be found guilty of that charge, the government must prove each of the following elements beyond a reasonable doubt: First, the defendant committed the crime of assault with a dangerous

9 weapon as charged in count 2 of the indictment; Second, the defendant knowingly used a firearm, i.e., a handgun; 10 11 13 14 Third, the defendant used the firearm during and in relation to the crime 12 charged in count 7. Fourth, the conduct occurred in the District of Arizona. A defendant has "used" a firearm if he has actively employed the firearm

15 in relation to the crime charged in count 7. Use includes any of the following: 16 brandishing, displaying, or firing a firearm. 17 18 19 20 21 22 23 24 25 26 27 GIVEN: _____ 28 REFUSED: _____ MODIFIED:_____
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A defendant takes such action "in relation to the crime" if the firearm facilitated or played a role in the crime.

Authority:

Manuel of Model Jury Instructions for the Ninth Circuit § 8.5 (2003 Edition)

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Defendant's Proposed Jury Instruction No. ______

The defendant, William Kevin Domingo, is charged in count 9 of the indictment murder in the first degree in violation of Section 1111 of Title 18 of the United States Code. In order for the defendant to be found guilty of that charge, the government must prove each of the following elements beyond a reasonable doubt: First, the defendant caused the death of Theophilus James; Second, the defendant caused Mr. James's death in the perpetration of

10 a design to effect the death of a human being other than Theophilus James; Third, the design of the defendant was to kill with malice aforethought; 11 12 13 14 Fourth, the design of the defendant was to kill with premeditation; Fifth, the defendant is an Indian; Sixth, that the killing occurred in the District of Arizona, within the

15 confines of the Gila River Indian Community. 16 Malice aforethought means to kill either deliberately and intentionally 17 18 19 20 21 22 23 24 25 26 27 GIVEN: _____ 28 REFUSED: _____ MODIFIED:_____
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or recklessly with extreme disregard for human life. Premeditation means with planning or deliberation. The amount of time needed for premeditation of a killing depends on the person and the circumstances. It must be long enough, after forming the intent to kill, for the killer to have been fully conscious of the intent and to have consider the killing.

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1 2 Authority: 3 4 5 6 7 8 9

Defendant's Proposed Jury Instruction No. ______ Manuel of Model Jury Instructions for the Ninth Circuit § 8.5 (2003 Edition) The defendant, William Kevin Domingo, is charged in count 10 of the

indictment with discharging a firearm during and in relation to a crime of violence in violation of Section 924 (c) of the United States Code. In order for the defendant to be found guilty of that charge, the government must prove each of the following elements beyond a reasonable doubt: First, the defendant committed the crime of first degree murder as

10 charged in count 10 of the indictment; Second, the defendant knowingly used a firearm, i.e., a handgun; 11 12 14 15 Third, the defendant used the firearm during and in relation to the crime 13 charged in count 9. Fourth, the conduct occurred in the District of Arizona. A defendant has "used" a firearm if he has actively employed the firearm

16 in relation to the crime charged in count 9. Use includes any of the following: 17 brandishing, displaying, or firing a firearm. 18 A defendant takes such action "in relation to the crime" if the firearm 19 facilitated or played a role in the crime. 20 21 22 23 24 25 26 27 GIVEN: _____ 28 REFUSED: _____ MODIFIED:_____
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Authority:

Manuel of Model Jury Instructions for the Ninth Circuit § 8.5 (2003 Edition)

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