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 |
doc44 | ||
08/20/10 | doc45 | Judgment of Acquittal |
doc46 | ||
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 |
APPEAL TO THE 10TH CIRCUIT FOR ATTORNEY FEES | ||
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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