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United States v. Kinard

United States District Court, E.D. Washington

July 31, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
ODELL KINARD, JR., Defendant.

          ORDER

          WM. FREMMING NIELSEN, SENIOR UNITED STATES DISTRICT JUDGE

         The Court received a note from the jury indicating that after about six hours of deliberations they had reached an impasse. Court convened. Defendant was present with his counsel Richard Wall and Assistant United States Attorney Scott Jones was also present, with intern Emily Sauvageau. After discussing the note with counsel the Court asked the jury back into the courtroom. The Court queried the presiding juror who confirmed that the jury was hopelessly deadlocked. Upon further questioning the presiding juror indicated that further deliberations would not be fruitful. The Court polled the jury. Each juror confirmed the presiding juror's conclusions.

         Counsel agreed that the Court should declare a mistrial due to the deadlock. The Court found that the jury was hopelessly deadlocked and declared a mistrial. After the jury was excused, the parties discussed scheduling. The Court has reviewed the file and is fully informed. This Order is entered to memorialize and supplement the oral rulings of the Court. Accordingly, IT IS ORDERED that:

         1. A trial shall be held October 29, 2018, at 10:00 a.m., in Spokane, Washington.

         2. All time from the declaration of a mistrial on July 26, 2018, to the new trial date of October 29, 2018, is EXCLUDED for speedy trial calculations pursuant to 18 U.S.C. § 3161(e) and (h)(7). The case was previously declared complex.

         3. A final pretrial conference and motion hearing shall be held October 29, 2018, at 8:30 a.m., in Spokane, Washington.

         4. Any updated trial materials shall be filed and served on or before October 15, 2018.

         5. The parties are requested to submit courtesy copies of witness and exhibit lists to the Court no later than 12:00 noon the Monday before trial.

         6. An additional pretrial conference shall be held October 3, 2018, at 8:00 a.m., in Spokane, Washington.

(a) All additional motions shall be filed and served no later than September 7, 2018.
(b) Responses shall be filed and served no later than September 21, 2018.

         7. Indigent Defendant's requests for issuance of subpoenas and payment of costs and fees for trial witnesses shall be filed no later than ten days before trial, excluding weekends and holidays.

         8. The following procedures shall be utilized at trial:

(a) The Court will conduct the majority of jury voir dire but allow counsel ten minutes to ask additional questions or to do a more in depth ...

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