Free Proposed Voir Dire - District Court of Arizona - Arizona

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John A. Weil, Bar No. 005621 Lori A. Butler, Bar No. 016139 WEIL & WEIL, PLLC 1600 S. Fourth Avenue, Suite C Yuma, Arizona 85366-1977 Tel: (928) 783-2161 Fax: (928) 783-6082 E-mail: [email protected] Attorneys for Defendants Curtis

6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SUE A. KLEIN Assistant U.S. Attorney Arizona State Bar No. 11253 Two Renaissance Square 40 N. Central Ave., Ste. 1200 Phoenix, Arizona 85004-4408 Telephone: (602) 514-7500 E-Mail: [email protected] Attorneys for Plaintiff PAUL K. CHARLTON United States Attorney District of Arizona

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America, Plaintiff, v. 192.019 Acres of Land, more or less, located in Yuma County, State of Arizona; Glen G. Curtis, Trustee of Curtis Family Trust; Sam Perricone, Trustee of Amended and Restated Declaration of Revocable Trust of Sam Perricone and Mary Louise Perricone, et al., Defendants. Pursuant to the Court's Scheduling Order, the parties herein submit the CIV-03-2006-PHX-SRB

REQUESTED VOIR DIRE QUESTIONS

26 following voir dire questions for submission to members of the jury panel. 27 Additionally, attached as Exhibit A to these voir dire questions is a stipulated juror 28 questionnaire.

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1. Have you ever resided in Yuma, Arizona? 2. Are you acquainted with or related to any of the witnesses, parties or

3 attorneys including, John Weil, Glen T. Curtis, Glen G. Curtis, Robert O. Curtis, Jim 4 Sanders, Mark Spencer, Robert Woodman, Monty Stansbury, Laurie Lineberry, Anne 5 Aichberger, Sue Klein, Dan Karls, Karen Ringle, Tom Manfredi, Don Dorchester. 6 7

3. In what area of the State of Arizona do you reside? 4. Have you or any relative or close friend ever been a party or a witness

8 in any lawsuit? 9

5. Do you have any acquaintances, friends, or relatives who are or have

10 been involved in law enforcement work such as (a) police officers, (b) agents of the 11 F.B.I., (c) lawyers, (d) U.S. Attorneys, (e) judges, (f) probation officers, (g) 12 immigration officers, or (h) other similar occupations? 13

6. Do you or any of your acquaintances, friends, or relatives have any

14 connection (such as employment) with Marine Corps Air Station, Yuma, Arizona or 15 any other military installation? 16 17

7. Have you ever been involved in any dispute with the Federal Government? 8. Has any member of your family ever been employed by the Federal

18 Government or an agency of the Federal Government? 19 20 21

9. Have you ever been employed at or near Yuma, Arizona? 10. Are you now or have you ever been connected with the real estate business? 11. Are you now or have you ever been connected with the real estate appraisal

22 profession? 23 24

12. Do you own a home or any other real property? 13. Have you or any member of your family ever been employed by the

25 military? 26 27 28 2

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14. Have you or any member of your family ever been employed by a

2 government agency, state or federal? 3 4 5

15. Have you ever brought any claims or lawsuits of any kind against anyone? 16. Have any claims or lawsuits been brought against you by anyone? 17. If your answer to the above questions was yes, what was the nature of the

6 litigation? 7 8

18. Do you have an opinion as to whether juries are generally too generous? 19. Have you had any prior experience as a juror, witness, or party in any

9 lawsuit involving a taking or condemnation of private property by the government? 10 11

20. Do you have any bias for or against this type of lawsuit? 21. Is there anything about the nature of this case that makes you hesitate to sit

12 as a member of the jury? 13

22. Will you have any hesitancy in rendering a verdict against the Federal

14 Government for a substantial sum of money if the amount of damages are proven by 15 the evidence? 16

23. Do you have any preconceived opinion as to what is fair compensation to

17 be awarded to a land owner whose property is taken by the government? 18

24. Have you ever seen or heard anything about this case from any source

19 whatsoever? 20

25. Have you ever read any magazine or newspaper article regarding the

21 expansion project of the Marine Corps Air Station, Yuma, Arizona, for which the 22 property is being taken? 23

26. Are you now or have you ever been connected with the construction

24 business? 25 26 27 28 3

27. Are you now or have you ever been connected with the farming business? 28. Do you have any knowledge of the real estate market in Yuma, Arizona?

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29. Do you know of any reason why you cannot serve on this case and render

2 a completely fair and impartial decision based solely upon the evidence received here 3 in the courtroom during the course of the trial and the laws of the United States of 4 America? 5

30. Do you understand that you are required to wait until all the evidence has

6 been presented and you have been instructed as to the law which is to be applied 7 before making up your minds as to any fact or issue in this case? 8

31. If you were either plaintiff or defendant, would you be willing to have

9 jurors with the same frame of mind that you now have sit in judgment in your case? 10

32. Do you have any reason whatever, such as a health problem or home

11 problems, which might interfere with your serving as a fair and impartial juror on this 12 case? 13

33. This case involves a large parcel of property and Defendants are claiming

14 a large amount of dollars in damages ­ would the fact that Defendants are claiming a 15 substantial sum cause any of you to hesitate to render a verdict based upon such a large 16 sum if proven by the evidence? 17

34. Is there anything which has occurred to you or are there any facts which

18 you think the Court should know about which might have a bearing on your judgment 19 in this case? 20

35. Has any member of the panel or his/her immediate family been employed

21 by or had any dealings with the Yuma Marine Corps Air Station? 22

36. Are you now or have you ever been connected with the real estate

23 development business? 24

37. Have your or any member of your immediate family or has a close friend

25 or relative ever sold, leased or traded property to the United States government? 26 27 or 28 4

38. Have you or any member of your immediate family or has a close friend

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1 relative ever had their property acquired by a public agency? 2

39. The property that you are to value is located on County 14th Street in Yuma

3 County. Does any member of the panel have any knowledge of this area or these 4 parcels of land? 5

40. Does any member of this panel have any opinion as to the value of real

6 estate in the area described? 7

41. Do you or any member of your immediate family own any real estate in the

8 vicinity of these properties? 9

42. This trial is expected to last 6 days. Is there any reason you would not

10 be able to sit as a juror for the length of the trial? 11

43. Do you have any knowledge, training or experience in advanced

12 mathematics or statistics? 13

Pursuant to Paragraph II(C)(3), District of Arizona ECF Administrative Policies

14 and Procedures Manual (April 3, 2006), both parties certify that the content of these 15 Requested Voir Dire Questions and Confidential Juror Questionnaire is acceptable to 16 all registered signatories required to sign it. 17 18 WEIL & WEIL, PLLC 19 s/Sue A. Klein 20 By: 21 22 23 24 25 26 27 28 PAUL K. CHARLTON United States Attorney District of Arizona s/Sue A. Klein ________________________________ Sue A. Klein Assistant U.S. Attorney Attorneys for Plaintiff 5 _____________________________________ John A. Weil Attorneys for Defendants Curtis DATED this 17th day of July, 2006.

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CERTIFICATION I hereby certify that on July 17, 2006, I electronically transmitted the

4 attached document to the Clerk's Office using the CM/ECF System for filing 5 and transmittal of a Notice of Electronic Filing to the following CM/ECF 6 registrants: 7 John A. Weil Weil & Weil 8 Attorneys at Law 1600 S. Fourth Ave., Ste. C 9 Yuma, Arizona 85364 10
s/Nancy Stotler

11 _____________________ 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6

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