Free Order on Motion for Reconsideration - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11 12 Geronimo Garza, Jr., 13 Defendant. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Appellate counsel for the Defendant had previously filed a request for transcripts of jury selection, opening statements, jury instructions, and closing arguments. The Court does not routinely authorize these transcripts for appeals but requires justification. In the order denying Defendant's motion, the Court pointed out that counsel had not identified how voir dire, opening statements, closing arguments, or the reading of the filed instructions might form the basis of an issue on appeal. Counsel has now filed a Motion for Reconsideration. In this motion, counsel points to nothing about this case that would suggest that she has any reason to believe that anything that happened during jury selection, opening statements, jury instructions, or closing arguments might form an arguable basis for appeal. Instead the Motion for Reconsideration generally refers to an indigent defendant's right to transcripts. As examples of the type of information that would provide the justification for additional transcripts, the Court notes that the record available to counsel contains the requested jury
Case 2:04-cr-00420-SRB Document 98 Filed 07/15/2005 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

United States of America, Plaintiff, vs.

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CR 04-0420-PHX-SRB ORDER

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instructions as well as the instructions that were read. While the giving of an erroneous instruction would arguably form the basis for an appeal, counsel has not suggested that any instruction given was erroneous or that the Court refused any instruction that should have been given. Counsel also has available the Court's minutes as well as the jury list showing strikes and any challenges for cause that were made. Counsel has not asserted that the minutes reflect that there were challenges for cause made by the defendant that were rejected, thus potentially forming an issue for appeal, or that any Batson challenges were raised and refused. This is the type of case specific information the Court routinely requires to justify the need for additional transcripts. IT IS ORDERED denying Defendant's Motion for Reconsideration Re: Additional Transcripts for Appeal. (Doc. 90.) DATED this 15th day of July, 2005.

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