📄 Morning session opening — Friday, January 13, 1995
Address:
C:\DEPT103\CRIMINAL\1995\JAN\13\MORNING-SESSION-OPENING.DOC
TRIAL
▲ Day 3 of 167

Morning session opening

Date: Friday, January 13, 1995 • Utterances: 4
Judge Ito opens court, notes the presence of counsel on both sides, and outlines two agenda items: pre-trial jury instructions (specifically inviting briefing on CALJIC 2.90's reasonable doubt standard in light of recent case law) and a motion to quash a subpoena on Marguerite Thomas. No substantive argument occurs in this excerpt.
1 (JANET M. MOXHAM, CSR NO. 4855, OFFICIAL REPORTER.)
2 (CHRISTINE M. OLSON, CSR NO. 2378, OFFICIAL REPORTER.)
3 (THE FOLLOWING PROCEEDINGS WERE HELD IN OPEN COURT, OUT OF THE PRESENCE OF THE JURY:)
4 THE COURT:

ALL RIGHT. GOOD MORNING, COUNSEL. BACK ON THE RECORD IN THE SIMPSON MATTER. MR. SIMPSON IS AGAIN PRESENT WITH COUNSEL, MR. SHAPIRO, MR. BAILEY, MR. UELMEN. THE PEOPLE ARE REPRESENTED BY MISS LEWIS, MR. DARDEN. THE MATTER IS HERE FOR VARIOUS MOTIONS. COUNSEL, I DISCUSSED WITH YOU INFORMALLY AT THE SIDE BAR YESTERDAY, OR THE DAY BEFORE, THE COURT'S INTENTION TO PRE-INSTRUCT THE JURY PRIOR TO OPENING STATEMENTS, AND IF YOU WOULD SUBMIT TO THE COURT ON TUESDAY, THE 17TH, ANY PROPOSED JURY INSTRUCTIONS THAT YOU WISH, AND I WOULD LIKE TO KNOW WHAT YOUR OPINION IS OF CALJIC 2.90, IN LIGHT OF PEOPLE VERSUS FREEMAN AND OF COURSE VICTOR VERSUS NEBRASKA, THE MORAL EVIDENCE ASPECT TO THE REASONABLE DOUBT INSTRUCTION, SO LET ME KNOW WHAT YOUR POSITION IS ON THAT. ALL RIGHT. NEXT ITEM ON THE AGENDA IS THE MOTION TO QUASH THE SUBPOENA ON MARGUERITE THOMAS. AND MR. JONES, GOOD MORNING, COUNSEL.

Temperature

routine

Key Quotes (1)

Lance A. Ito
I WOULD LIKE TO KNOW WHAT YOUR OPINION IS OF CALJIC 2.90, IN LIGHT OF PEOPLE VERSUS FREEMAN AND OF COURSE VICTOR VERSUS NEBRASKA, THE MORAL EVIDENCE ASPECT TO THE REASONABLE DOUBT INSTRUCTION
Flags a contested legal issue around the 'moral certainty' language in California's standard reasonable doubt instruction, which was under scrutiny after Victor v. Nebraska (1994).

Notable Exchanges (1)

Lance A. Itocounsel
Judge sets the agenda for the session: proposed jury instructions due Tuesday the 17th, and the motion to quash the Marguerite Thomas subpoena up next.
procedural

Objections

None recorded
Proceeding 4391 • 4 utterances
Criminal Trial
Department 103
⚖️ Start
📂 JAN 13, 1995 📄 Morning session opening
JAN 13, 1995 KRT DvH TD