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					     MICHAEL V. BLACK
 1   Attorney at Law
     335 East Palm Lane
 2   Phoenix, Arizona 85004
     Phone (602) 265-7200
 3   Fax (602) 265-2431
 4   State Bar Number 007671
     Attorney for Allen Stalcup
 5
 6                        UNITED STATES DISTRICT COURT
 7                                DISTRICT OF ARIZONA
 8
 9   UNITED STATES OF AMERICA,              )               CR04-0122-PHX-PGR
                                           )
10                         Plaintiff,      )
                                           )
11                                         )
                                           )                 DEFFENANT STALCUP’S
12              vs.                        )                 PROPOSED VOIR DIRE
                                           )                 QUESTIONS
13                                         )
                                           )
14   ALLEN STALCUP,                         )
                                            )
15                         Defendant.      )
     __________________________________ ___)
16
17
18                 Michael V. Black, on behalf of the Defendant, Allen Stalcup, respectfully

19   requests that this Court ask the following voir dire questions of prospective jurors in the
20   instant case. It is not expected that excludable delay under Title 18 U.S.C. Section
21
     3161(h)(1)(f) may occur as a result of this filing or from an Order based thereon.
22
23
24         Respectfully submitted this _____ day of August, 2005.

25                                                          /s/
                                                            ________________________
26                                                              MICHAEL V. BLACK

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  Case 2:04-cr-00122-PGR       Document 130       Filed 08/12/2005     Page 1 of 11
 1
 2   A.   PERSONAL BACKGROUND INFORMATION:
 3        1.   What is the racial composition of your neighborhood (Caucasian, Black,
 4             Hispanic, mixed)?
 5        2.   Do you have hearing or vision problems or any other disability that might
 6             interfere with your ability to follow testimony given from the witness stand?
 7        3.   Please state the ages, genders and, if applicable, occupations of your
 8             children.
 9        4.   Do you own your own home, rent, etc?
10             If so:
11             a. What is the nature of the property (e.g., second home, an apartment
12              building, vacation property, business rental property.)
13             b. In what city or neighborhood is the property located?
14        5.   Have you ever served in the Armed Forces? If so, please indicate what
15             branch you served in, your highest rank, the years that you served and
16             your basic duties.
17             a.       While in the service, did you ever serve on a court martial panel or
18                      otherwise participate in any court martial proceeding?
19        6.   Have you or any member of your family had any legal training? If so, please
20             describe that training.
21        7.   Have you or any member of your family ever worked for a lawyer? If so,
22             what was the nature of that employment?
23        8.   Please describe any other type of civic, club, charitable, volunteer or other
24             organizational activities you participate in and any offices you have held.
25        9.   What newspapers and/or magazines do you subscribe to or read regularly?
26
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 1        10.   How frequently do you watch local or national news on TV?
 2        11.   Do you watch programs like “Law and Order,” “C.S.I.’” or "Cops" on TV?
 3        12.   Are you a registered voter?
 4        13.   Is your first language English? If not, what is your native language? Do you
 5              have any problems understanding written English or spoken English?
 6   B.   INVOLVEMENT WITH OR ATTITUDES REGARDING THE LEGAL SYSTEM:
 7        14.   Have you or any relatives, close friends or neighbors ever been associated in
 8              a professional capacity with any federal, state or local law enforcement
 9              agency? This would include, for example, anyone who has worked for a
10              police or sheriff's department; a prosecutor's office, such as the City Attorney,
11              States Attorney or United States Attorney; or a federal investigating agency
12              such as the FBI, the Internal Revenue Service, the Bureau of Alcohol,
13              Tobacco and Firearms, the Drug Enforcement Administration or the Customs
14              Service. It would also include anyone employed by the federal or state court
15              system, federal or state probation offices, the United States Bureau of
16              Prisons, and the Arizona Department of Corrections.
17        15.   If you or any relatives, close friends or neighbors have been associated with
18              any of these agencies:
19              (a)    Please tell us the name of that person and describe his/her
20                     relationship to you.
21              (b)    Please describe the nature of his/her association with any of these
22                     agencies.
23              (c)    Have you had discussions with this person about police work, crime or
24                     the criminal justice system?
25              (d)    Please describe what this person has told you about these subjects
26                     (this inquiry should be made at side bar).
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 1              (e)     Because of your relationship with this person, would you feel even the
 2                      least bit hesitant or embarrassed to find the accused not guilty if you
 3                      believed that verdict to be appropriate?
 4        16.   Do you know anyone who is a lawyer or a judge? If so,
 5              (a)     Please tell us the name of that person and describe his/her
 6                      relationship to you.
 7              (b)     Have you had discussions with this person about police work, crime or
 8                      the criminal justice system?
 9              (c)     Please describe what this person has told you about these subjects
10                      (this inquiry should be made at side bar).
11              (d)     Because of your relationship with this person, would you feel even the
12                      least bit hesitant or embarrassed to find the accused not guilty if you
13                      believed that verdict to be appropriate?
14        17.   Do you know or have you had any experience with any person who is a
15              lawyer and defends people accused of crimes (sometimes referred to as
16              criminal lawyers).
17        18.   If the answer to Question 17 is yes, who is that lawyer and describe relation
18              ship?      Would     your      relationship   with   that    person   affect   your
19              deliberations in this case?
20        19.   Do you believe that a prosecutor or a criminal defense lawyer is more likely,
21              less likely or equally likely to be honest with you as a juror?
22        20.   Do you have any opinions about criminal lawyers based on anything you
23              have heard or read or seen? What is your opinion, if any?
24        21.   Is there anything about the facts of this case which makes you think that you
25              would rather not sit as a juror or couldn't be entirely fair if you were a juror?
26        22.   Would the fact that this case involves an allegation of transportation of
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 1              marijuana cause any prospective juror to treat it differently from a case which
 2              did not involve drugs?
 3        23.   Do you think you can give the Mr. Stalcup the same fair trial considering the
 4              nature of this particular case as you could if he were charged with any other
 5              crime?
 6        24.   Have you, a relative or a close friend ever been a victim of a crime or a
 7              witness to a crime? If so:
 8              (a)    What was the nature of the crime?
 9              (b)    Did you or they have any contact with the police in connection with
10                     this incident?
11              (c)    Was there a trial?
12              (d)    Did you or they testify in court at the trial or any pretrial hearing?
13              (e)    Were you or they satisfied with the work of the law enforcement
14                     authorities in connection with this incident? Why or why not?
15              (f)    Were you or they satisfied with the work of the courts in connection
16                     with this incident? Why or why not?
17              (g)    How did this incident affect your or their feelings about crime in
18                     general? (This inquiry should be made at side bar).
19              (h)    Do you feel that this experience of a crime victim or witness will make
20                     you more inclined to return a verdict of guilty?
21              (I)    What effect, if any, would the experience as a crime victim or witness
22                     have on your consideration of the evidence and your verdict in this
23                     case?
24        25.   Have you or a friend or family member ever been accused of or convicted of
25              a crime? If so:
26              (a)    What was the nature of the alleged crime?
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 1              (b)    Did you have any contact with the police in connection with this
 2                     incident?
 3              (c)    Was there a trial?
 4              (d)    Did you testify in court at the trial or any pretrial hearing?
 5              (e)    Were you satisfied with the work of the law enforcement authorities in
 6                     connection with this incident? Why or why not?
 7              (f)    Were you satisfied with the work of the courts in connection with this
 8                     incident? Why or why not?
 9              (g)    How did this incident affect your feelings about crime in general?
10                     (This inquiry should be made at side bar).
11              (h)    Do you feel that this experience will make you more inclined to return
12                     a verdict of guilty?
13              (I)    What effect, if any, would the experience as a crime victim or witness
14                     have on your consideration of the evidence and your verdict in this
15                     case?
16        26.   Do you believe penalties for drug offenses are not harsh enough?
17
18        27.   Have you or a close friend or family member ever had a problem with drugs
19              or alcohol? If so:
20              a.     Describe the nature of the problem.
21              b.     Did the matter involve a court proceeding?
22              c.     Would your feelings about this experience make it difficult for you to
23                     fairly and impartially serve as a juror in a criminal drug trial?
24        28.   Do you believe that a Hispanic person is more likely to commit a drug offense
25              than someone of another other ethnic background?
26        29.   Do you believe the Hispanic population commits more crimes than other
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  Case 2:04-cr-00122-PGR     Document 130        Filed 08/12/2005      Page 6 of 11
 1              racial groups?
 2        30.   Have you ever served on a federal, state or local grand jury? If so, state
 3              please state when and where you served.
 4        31.   Have you ever served on a trial jury? If so, please describe the nature of
 5              each case, whether it was in state or federal court, whether you reached a
 6              verdict, and what the verdict was (in criminal cases only).
 7        32.   If you have served as a juror in a criminal case that reached a verdict, please
 8              tell us if you ever spoke to the prosecutor or defense attorney after the case
 9              was concluded?
10              (a)    (At side bar) If so, did the prosecutor or defense attor-
11                     ney tell you facts that were not presented at the trial?
12        33.   Do you believe that the testimony of a government agent, a police officer, or
13              someone working for the prosecution, is entitled to greater weight or impor-
14              tance than the testimony of any other witness?
15        34.   Do you believe that because someone is a government agent, or is working
16              for the prosecution, he is more likely than other people to tell the truth?
17        35.   Will you be able and willing to consider the testimony of government agents
18              and individuals working for the prosecution in the same manner as the
19              testimony of any other witness; that is, without attaching any special
20              advantage or disadvantage to such testimony?
21        36.   Are you a member of any crime prevention group in your neighborhood?
22        37.   Are you associated in any way with any group, campaign, organization or
23              society which advocates more severe penalties for criminal offenses? If so,
24              what affect, if any, would this association have on your consideration of the
25              evidence and your verdict in this case?
26        38.   Are you associated in any way with any group, campaign, organization or
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  Case 2:04-cr-00122-PGR     Document 130       Filed 08/12/2005      Page 7 of 11
 1              society which advocates paying greater attention to the rights of alleged
 2              victims? If so, what affect would this association have on your consideration
 3              of the evidence and your verdict in this case?
 4        39.   Are you now or have you ever been associated with any group that
 5              advocates jury nullification?
 6        40.   Do you have any close friend or relative who is associated with any group,
 7              campaign, organization or society of the kinds I have just described? If so:
 8              (a)    What is your relationship to that person?
 9              (b)    What is the nature of his/her association with any of these groups?
10              (c)    Have you had discussions with this person about police work, crime or
11                     the criminal justice system?
12              (d)    Please describe what this person has told you about these subjects
13                     (this inquiry should be made at side bar).
14              (e)    Because of your relationship with this person, would you feel even the
15                     least bit hesitant or embarrassed to find the accused not guilty if you
16                     believed that verdict to be appropriate?
17        41.   Do you tend to think courts are too easy or soft on crime? If so:
18              (a)    How are the courts too easy on crime?
19              (b)    On what do you base this belief?
20              (c)    Will this belief affect your ability to presume that the accused is
21                     innocent until and unless he is proven guilty beyond a reasonable
22                     doubt, to impartially consider the evidence, and to reach a fair verdict
23                     in the case?
24        42.   A grand jury has returned an indictment charging Mr. Stalcup with a
25              marijuana related offense. An indictment is simply a formal accusation or
26              recitation of charges and is not evidence of any kind. As a juror, you are
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  Case 2:04-cr-00122-PGR     Document 130        Filed 08/12/2005    Page 8 of 11
 1              prohibited from drawing any inference of guilt from the mere fact that an
 2              indictment has been returned against Mr. Stalcup.
 3              (a)    Is there any member of the jury panel who disagrees with the law that
 4                     I have just explained?
 5              (b)    Would any of you be unable or unwilling to view the indictment in this
 6                     way?
 7        43.   Like any other person accused of a criminal offense, Mr. Stalcup is presumed
 8              by law to be innocent. He is entitled to the presumption of innocence until
 9              such time, if ever, as the prosecution proves his guilt beyond a reasonable
10              doubt. This presumption of innocence is an important constitutional principle,
11              not a mere legal technicality. Do you agree or disagree with this principle?
12              Would any of you find it difficult to apply this principle during trial in this case?
13        44.   In any criminal case, it is the prosecution that bears the burden of proof.
14              What that means in this case is that the prosecution must prove beyond a
15              reasonable doubt that the accused is guilty of the crime charged in the
16              indictment. If the prosecution fails to carry out that burden, you are required
17              to find the accused not guilty. The accused is not required to affirmatively
18              prove to you that he is not guilty or to present any evidence at all.
19              (a)    Is there any member of the jury panel who disagrees with the law I
20                     have just explained?
21              (b)    Would any of you be unable or unwilling to require the prosecution to
22                     shoulder this burden of proof?
23              (c)    Would any of you expect or require Mr. Stalcup to prove that he is
24                     innocent of the crimes charged in the indictment?
25              (d)    In that connection, do you understand that in our system of criminal
26                     justice, a person accused of a crime, such as the accused, is not
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  Case 2:04-cr-00122-PGR      Document 130         Filed 08/12/2005       Page 9 of 11
 1                    required to take the stand and testify at his trial?
 2             (e)    Will      any       of      you        hold      it     against       Mr.
 3                    Stalcup if he decides not to testify in this case in consultation with his
 4                    attorney? Would you think he must have something to hide? Would
 5                    any of you feel that you could not entirely exclude his decision not to
 6                    take the stand from your deliberations?
 7       45.   In order to obtain a guilty verdict, the prosecution must prove beyond a
 8             reasonable doubt that the accused is guilty of each of the crimes charged. If
 9             the prosecution fails to produce evidence of this quality, the jury must return
10             a verdict of not guilty.
11             (a)    Is there any member of the jury panel who disagrees with the law I
12                    just explained?
13             (b)    Would any of you be unable or unwilling to hold the prosecution to its
14                    burden of proving guilt beyond a reasonable doubt?
15             (c)    Would any of you be unable or unwilling to return a verdict of not guilty
16                    if the prosecution failed to present evidence of guilt beyond a
17                    reasonable doubt?
18             (d)    With this in mind, do you understand that if the government presents
19                    some evidence in the case, but you conclude that evidence is not
20                    strong enough to constitute proof beyond a reasonable doubt, you
21                    must return a verdict of not guilty.
22             (e)    Would any of you hesitate to return a verdict of not guilty under these
23                    circumstances?
24             (f)    If, from your experience, you believe or have a "feeling" that certain
25                    facts exist, but these facts have not been proven by satisfactory
26                    evidence, would you disregard your beliefs or feelings and decide the
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 Case 2:04-cr-00122-PGR      Document 130       Filed 08/12/2005     Page 10 of 11
 1                    case only on the basis of the evidence presented?
 2             (g)    Do you realize that you are enforcing the law in an appropriate
 3                    manner if you return a not guilty verdict when the prosecution has
 4                    failed to prove guilt beyond a reasonable doubt?
 5       46.   If you were the defendant in this case, would you want a person like yourself
 6             to be on this jury? If not, why not?
 7       47.   Is there anything that you think the court, the defense or the prosecution
 8             should know that I haven’t asked you about?
 9
10             RESPECTFULLY SUBMITTED this _____ day of August, 2005.
11
12                                                      /s/
                                                        __________________________
13                                                          MICHAEL V. BLACK
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