Unites States v. Kenneth Lain - ECF filings in case 2:10-cr-20029-CM

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TRIAL DATES AND RESULTS:  Trial commenced on May 10, 2010 and concluded on May 12, 2010.  The jury deliberated less than 20 minutes and unanimously determined that Mr. Lain, a Missouri resident, was not guilty of the federal offense of giving a hand gun to his family minister, a Kansas resident, when neither were federally licensed firearms dealers.  Mr. Lain's counsel argued to the jury that Mr. Lain was unaware of the transfer requirements under the law and did not intentionally commit a federal violation.  The jury by their acquittal agreed.

PACER official docket print out effective 5/13/2010 as of 1700 hours CST.

An Indictment is merely an accusation and no evidence of guilt.  The United States must prove and establish by credible admissible evidence that the acts charged by the grand jury in the indictment are true beyond a reasonable doubt.  The grand jury, a secret deliberative body under the control of the prosecutor, is not required and does not make such a finding -- it only brings charges based to large extent on summary hearsay evidence presented by the prosecutor

02/25/10 doc1 Indictment
03/02/10 doc2 Entry of appearance by John Osgood
03/02/10 doc3 Clerk minute sheet of Magistrate proceedings
03/02/10 doc4 Order setting conditions of release on bond
03/02/10 doc5 Appearance bond
03/02/10 doc6 Order of discovery and Scheduling -  hearing set for 4/12/2010 at 09:00
03/04/10 doc7 Arrest warrant for Kenneth G. Lain, Jr.
04/01/10 doc8 Notice of cancellation of hearing docket for 4/12/10
04/19/10 doc9 Defendant Lain's proposed exhibit list  -   see actual exhibits with active links in restricted area
04/19/10 doc10 Defendant's first proposed witness list
04/20/10 doc11 Defendant's proposed voir dire
04/21/10 doc12 Defendant's proposed jury instructions on willfulness, good faith, and elements
04/22/10 doc13 superseding Indictment adding Count Two to the original count
04/23/10 doc14 Government Motion to dismiss Count Two because no indictment was pending in Missouri
04/23/10 doc15 Order granting motion to dismiss Count Two by district court
04/23/10 doc16 Defense Motion to dismiss the indictment
04/26/10 doc17 Order required expedited response from Government to defense motion to dismiss
04/26/10 doc18 Government proposed witness list
04/29/10 doc19 Government answer to motion to dismiss indictment
4/29/10 doc20 Order/notice of trial commencement for May 10, 2010 at 1:00 p.m. in afternoon
5/2/10 doc21 Defense Motion in limine to exclude pretrial diversion evidence
5/3/10 doc22 Order expediting response due from prosecutor to in limine filed by defense
5/3/10 doc23 2ND witness list filed by government - compare to doc18
5/3/10 doc24 Order denying motion to dismiss indictment on no prejudice grounds.
5/4/10 doc25 Government's answer to 404(b) in limine motion
5/4/2010 doc26 Defendant's reply to the government's answer to motion in limine
5/10/2010 doc27 Minute entry / ruling on motion in limine granted in part denied in part
5/10/2010 doc28 Minute entry / voir dire completed
5/11/2010 doc29 Minute entry / trial proceedings held / not completed
5/12/2010 doc30 Courtroom clerk minute sheet / trial completed / jury out at 10:15 - verdict not guilty at 10:45
5/12/2010 doc31 Signed verdict form indicating NOT GUILTY on charged offense
5/12/2010 doc32 Government's exhibit sheet
5/12/2010 doc33 Jury Instructions (original) given by Court
5/12/2010 doc34 Trial exhibit certification signed by Gov and defense
5'21/2010 doc35 Defendant's motion to recover attorney fees from the government
5/27/2010 doc36 Minute Order requiring gov to respond to Hyde claim due  6/17/2010
6/04/2010 doc37 Motion for enlargement to time to respond filed by gov without def opposition
06/07/2010 doc38 Order granting extension of time for gov to answer Hyde claim for atty fees
06/07/2010 doc39 Summons on superseding indictment filed of recored
07/13/2010 doc40 Government answer to Hyde Claim  | 40-1 Index of exhibits | 40-2 transcript  | 40-3  DOJ memo |
07/13/2010 doc41 Defendant's reply to government's answer on attorney fee claim
08/03/2010 doc42 Order denying defendant's motion for award of attorney fees - see doc35
08/09/10 doc43 Notice of Appeal of denial of Hyde claim for attorney fees
08/20/10 doc45 Judgment of Acquittal 
09/03/10 doc47 Notice of transcript required for appeal (non required)
09/03/10 doc48 Notice of docketing statement filed with 10th Cir.
09/03/10 doc49 Letter from District Court to 10th Cir. Clerk  indicating record is complete for appeal
10/28/10   Appellant's Opening Brief at 10th Circuit
    Government's Brief at 10th Circuit
06/03/11 doc50 10th Circuit Judgment Mandate and filed copy of appellate decision denying attorney fees

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