Cygnus Systems, Inc. v. Microsoft Corporation, et al

Filing 280

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Law Office of Leslie A. Bowman

360 N. Court Ave. Tucson, Arizona 85701 [phone] [e-mail] By: Leslie A. Bowman, Bar # 014738 Attorney for Defendant UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA UNITED STATES OF AMERICA, Plaintiff, vs. ALEJANDRO LOPEZ, Defendant. ] ] No. CR-06-0945-TUC-CKJ(BPV) ] ] DEFENDANT'S REQUESTED ] JURY INSTRUCTIONS ] ] ] ] ]

Pursuant to Rule 30, Fed.R.Crim.Pro., defendant hereby requests the Court give the attached jury instructions in the trial of the above-captioned case. Respectfully submitted April 5, 2007.

/S Leslie A. Bowman Leslie A. Bowman Attorney for Defendant Copy delivered by ECF this date to: Tara C. Neda AUSA Richard S. Madril Counsel for Co-Defendant Orantez Natalie Hubbs Haywood Counsel for Co-Defendant Madueño

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STANDARD INSTRUCTIONS Defendant requests the following standard instructions from the Ninth Circuit Manual of Model Jury Instructions, Criminal, 2000 Edition, be read and/or provided in an instruction packet to the jurors: 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.14 2.1 2.2 2.4 2.10 3.1 3.2 Duty of Jury The Charge - Presumption 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 Separate Consideration for Each Defendant Cautionary Instruction - First Recess Bench Conferences and Recesses Stipulations of Fact Other Crimes, Wrongs or Acts of Defendant Duties of Jury to Find Facts and Follow Law Charge Against Defendant Not Evidence Presumption of Innocence - Burden of Proof Defendant's Decision Not to Testify (as

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needed) Defendant's Decision to Testify (as needed) Reasonable Doubt - Defined What is Evidence What is Not Evidence Direct and Circumstantial Evidence Credibility of Witnesses Evidence of Other Acts of the Defendant or Acts and Statements of Others Activities Not Charged Separate Consideration of Multiple Counts Multiple Defendants Lesser Included Offense Other Crimes, Wrongs or Acts of Defendant Opinion Evidence, Expert Witness Charts and Summaries in Evidence Knowingly - Defined Mere Presence Duty to Deliberate Consideration of Evidence Use of Notes Jury Consideration of Punishment Verdict Form Communication with Court Conspiracy-Elements

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Defendant's Requested Jury Instruction Number

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4.9 Testimony of Witness Involving Special Circumstances Benefits, Accomplice, Plea You have heard testimony from Melena Escarcega Arredondo, a witness who 1. Received favored treatment from the government in connection with this case; 2. Admitted being an accomplice to the crime charged. An accomplice is one who voluntarily and intentionally joins with another person in committing a crime; 3. Pleaded guilty to a crime arising out of the same events for which the defendants are on trial. This guilty plea is not evidence against the defendants, and you may consider it only in determining this witness's believability. For these reasons, in evaluating Melena Escarcega Arredondo's testimony, you should consider the extent to which or whether her testimony may have been influenced by any of these factors. In addition, you should examine Melena Escarcega Arredondo's testimony with greater caution than that of other witnesses.

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