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United States v. Fletcher

United States District Court, D. Massachusetts

July 22, 2018

UNITED STATES
v.
TIMOTHY FLETCHER

          RESPONSE TO COUNSELS' COMMENTS ON THE JURY INSTRUCTIONS AND VERDICT SLIP

          RICHARD G. STEARNS UNITED STATES DISTRICT JUDGE

         With respect to counsels' requests and comments on the jury instructions and verdict slip, the court responds as follows.

         Government's Requests

         An instruction on stipulations.

         This already appears on page 5 of the draft instructions.

         An instruction on theories of possession as it applies to the drug counts.

         This already appears on page 17 of the draft instructions. Clarifying sentence in the verdict slip as to Count 1.

         The verdict slip has been revised accordingly.

         Defendant's Requests

         An instruction on the import of defendant's decision not to testify (page 3).

         The instruction will be given.

         Permission to argue a comparison of reasonable doubt to certainty in human affairs.

         This is denied as this language is disfavored by the U.S. Supreme Court as is the requested instruction on moral certainty. However, I have inserted an instruction on page 3 defining proof beyond a reasonable doubt as the highest ...


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