Sanders v. York, et al

Filing 169

COMMUNICATION TRANSMITTING TRIAL DOCUMENTS signed by Judge Garland E. Burrell, Jr on 4/14/2009. (Attachments: # 1 Voir Dire, # 2 Preliminary Jury Instructions, # 3 Closing Instructions, # 4 Verdict form for Rubio, # 5 Verdict form for York)(Waggoner, D)

PRELIMINARY JURY INSTRUCTIONS JURY INSTRUCTION NO. 1 Ladies and gentlemen: You are now the jury in this case, and I want to take a few minutes to tell you something about your duties as jurors and to give you some instructions. At the end of the trial, I will give you more detailed instructions. Those instructions will control your deliberations. You should not take anything I may say or do during the trial as indicating what I think of the evidence or what your verdict should be.

1

JURY INSTRUCTION NO. 2

I will now say a few words about your conduct as jurors. First, you are not to discuss this case with anyone, including your fellow jurors, members of your family, people involved in the trial, or anyone else, nor are you allowed to permit others to discuss the case with you. If anyone approaches you and tries to talk to you about the case please let me know about it immediately; Second, do not read any news stories or articles or listen to any radio or television reports about the case or about anyone who has anything to do with it; Third, do not do any research, such as consulting dictionaries, searching the Internet or using other reference materials, and do not make any investigation about the case on your own; Fourth, if you need to communicate with me simply give a signed note to the courtroom clerk, or the court reporter if the clerk is not present, to give to me; and, Fifth, do not make up your mind about what the verdict should be until after you have gone to the jury room to decide that case and you and your fellow jurors have discussed the evidence. Keep an open mind until then.

2

JURY INSTRUCTION NO. 3

The evidence from which you are to decide what the facts are consists of: (1) the sworn testimony of any witness; (2) the exhibits which have been received into evidence; and (3) any facts to which the litigants have agreed or stipulated.

3

JURY INSTRUCTION NO. 4

Some evidence may be admitted for a limited purpose only. When I instruct you that an item of evidence has been admitted for a limited purpose, you must consider it only for that limited purpose and for no other.

4

JURY INSTRUCTION NO. 5

Evidence may be direct or circumstantial. Direct evidence is direct proof of a fact, such as testimony by a witness about what that witness personally saw or heard or did. Circumstantial evidence is proof of one or more facts from which you could find another fact. You should consider both kinds of evidence. The law makes no distinction between the weight to be given to either direct or circumstantial evidence. It is for you to decide how much weight to give to any evidence.

5

JURY INSTRUCTION NO. 6

In deciding the facts in this case, you may have to decide which testimony to believe and which testimony not to believe. You may believe everything a witness says, or part of it, or none of it. In considering the testimony of any witness, you may take into account: (1) the opportunity and ability of the witness to see or hear or know the things testified to; (2) the witness' memory; (3) the witness' manner while testifying; (4) the witness' interest in the outcome of the case and any bias or prejudice; (5) whether other evidence contradicted the witness' testimony; (6) the reasonableness of the witness' testimony in light of all the evidence; and (7) any other factors that bear on believability. The weight of the evidence as to a fact does not necessarily depend on the number of witnesses who testify.

6

JURY INSTRUCTION NO. 7

In reaching your verdict, you may consider only the testimony and exhibits received into evidence. Certain things are not evidence, and you may not consider them in deciding what the facts are. I will list them for you: (1) Arguments and statements by counsel and Mr. Sanders are

not evidence other than when Mr. Sanders gave sworn testimony. At other times he was not a witness. What counsel and Mr.

Sanders have said in their opening statements, closing arguments and at other times is intended to help you interpret the evidence, but it is not evidence. If the facts as you remember them differ from the way they have stated them, your memory of them controls. (2) evidence. Questions and objections by these individuals are not They have a duty to object when they believe a You should not

question is improper under the rules of evidence.

be influenced by the objection or by the court's ruling on it. (3) Testimony that has been excluded or stricken, or that you have been instructed to disregard, is not evidence and must not be considered. In addition some testimony and exhibits have been received only for a limited purpose; where I have given a limiting instruction, you must follow it. (4) Anything you may have seen or heard when the court was

7

not in session is not evidence. You are to decide the case solely on the evidence received at the trial.

8

JURY INSTRUCTION NO. 8

At the end of the trial, you will have to make your decision based on what you recall of the evidence. You will not have a transcript of the trial. I urge you to pay close attention to the testimony as it is given.

9

JURY INSTRUCTION NO. 9

If you wish, you may take notes to help you remember what witnesses said. If you do take notes, please keep them to yourself until you and your fellow jurors go to the jury room to decide the case. Do not let note-taking distract you so that you do not hear other answers by witnesses. When you leave, your notes should be left on your seat. Whether or not you take notes, you should rely on your own memory of what was said. Notes are only to assist your memory. You should not be overly influenced by the notes.

10

JURY INSTRUCTION NO. 10

It has been determined that the facts I will read are undisputed and are evidence in this case. You should, therefore,

treat the following facts as having been proved: 1. At all times relevant to this action plaintiff was a

state prisoner incarcerated at California State PrisonSacramento. The two defendants are prison officials at the

California State Prison-Sacramento. 2. On December 15, 2004, plaintiff had right inguinal

hernia surgery at the California Medical Facility. 3. On December 15, 2004, plaintiff was returned to

California State Prison-Sacramento following his surgery. 4. On December 15, 2004, upon plaintiff's return to

California State Prison-Sacramento, defendants York and Rubio escorted plaintiff to his upper tier, upper bunk cell. 5. After returning to his cell on December 15, 2004,

plaintiff fell. 6. After falling in his cell on December 15, 2004,

plaintiff was moved to a lower tier, lower bunk cell.

11

JURY INSTRUCTION NO. 11

The next phase of trial will now begin. First, each side may make an opening statement. An opening statement is not evidence. It is simply an outline to help you understand what that party expects the evidence will show. A party is not required to make an opening statement. The plaintiff will then present evidence, and counsel for the defendant may cross-examine. Then the defendant may present evidence, and since the plaintiff is representing himself, plaintiff may cross-examine. After the evidence has been presented, I will instruct you on the law you should apply in reaching your verdict. Then each side may make a closing argument. After closing arguments, I will give you some final instructions. After that, you will go to the jury room to deliberate on your verdict.

12