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Extraction Summary

3
People
3
Organizations
0
Locations
2
Events
1
Relationships
4
Quotes

Document Information

Type: Legal document
File Size: 686 KB
Summary

This legal document is a filing by the Government in case 1:20-cr-00330-PAE, arguing against two jury instructions proposed by the defense. The Government opposes a specific instruction on witness convictions, fearing it would overemphasize them, and argues against modifying the standard instruction for uncalled witnesses. It cites case law to assert that a witness invoking the Fifth Amendment is 'equally unavailable' to both the prosecution and the defense.

People (3)

Name Role Context
Shawn Witness
Mentioned as one of two witnesses whose prior convictions were discussed during direct testimony.
Myerson Party in a legal case
Named in the case citation 'United States v. Myerson, 18 F.3d 153, 158 (2d Cir. 1994)'.
Romero Party in a legal case
Named in the case citation 'United States v. Romero, 304 F. App’x 14, 18 (2d Cir. 2008)'.

Organizations (3)

Name Type Context
Government Government agency
A party in the legal case, opposing jury instructions requested by the defense.
Court Government agency
The judicial body presiding over the case, responsible for giving instructions to the jury.
2d Cir. Court
The Second Circuit Court of Appeals, cited as the source of legal precedent in 'United States v. Myerson' and 'United...

Timeline (2 events)

A charge conference where the defense argued for the removal of the word 'equally' from the standard instruction regarding uncalled witnesses.
Court
Government defense
Direct testimony of Shawn and another witness where their prior convictions were briefly discussed.
Court
Shawn unnamed witness

Relationships (1)

Government Adversarial (legal) defense
The document outlines the Government's opposition to jury instructions proposed by the defense during a charge conference.

Key Quotes (4)

"despite the government’s power to grant immunity, a witness invoking his constitutional rights is unavailable to the government as well as the defense."
Source
— United States v. Myerson (A legal holding cited to support the argument that a witness invoking self-incrimination is unavailable to both parties.)
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Quote #1
"equally unavailable"
Source
— United States v. Romero (Part of a jury instruction that was affirmed in a case where a witness invoked the Fifth Amendment.)
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Quote #2
"uncalled witness equally available"
Source
— Sand Instr. 6-7 (The name of a standard jury instruction being discussed.)
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Quote #3
"includes situations when the witness has indicated that he would assert his Fifth Amendment right not to testify if called"
Source
— Sand Instr. 6-7 (An explanation from a legal instruction manual about the application of the 'uncalled witness equally available' instruction.)
DOJ-OGR-00008429.jpg
Quote #4

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