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U.S. v. CURRY

United States District Court, S.D. New York


July 1, 2004.

UNITED STATES OF AMERICA,
v.
JAMILLE CURRY, etc., et al., Defendants.

The opinion of the court was delivered by: LEWIS KAPLAN, District Judge

ORDER

In light of the superceding indictment returned today, the parties are invited to submit memoranda of law, on or before July 7, 2004, addressing the following questions:

1. What if any legal basis exists for submitting to the jury, either in a unitary or a bifurcated trial, the sentencing allegations set forth in the superceding indictment?

  2. Assuming that a legal basis exists for such a submission, what if any legal basis exists for bifurcating the trial into guilt or lack thereof and sentencing phases?

  3. Assuming that there is a legal basis for such submission and that the Court lacks the authority to bifurcate, would the submission of the sentencing allegations set forth in this superceding indictment nevertheless violate defendants' rights in any way?

  4. Assuming that there is a legal basis for such submission and that it has the authority to bifurcate, should it bifurcate the trial?

  5. In the circumstances of this case, does the Court have discretion to require a special verdict from the jury as to sentencing allegations and, if so, should it exercise that discretion to do so?

 

SO ORDERED.
20040701

© 1992-2004 VersusLaw Inc.



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