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United States v. Kieffer

April 2, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
HOWARD O. KIEFFER, DEFENDANT.



The opinion of the court was delivered by: Patrick A. Conmy, Senior District Judge United States District Court

ORDER ON MOTIONS

Before the court are four motions filed by the Defendant. They are: motion for bill of particulars, motion to strike surplusage, motion to examine prospective jurors, and motion for disclosure of witness list.

I BACKGROUND

The superseding indictment in this case charges the Defendant with one count of mail fraud, and one count of making a false statement. The false statement charge relates to a petition for admission to the bar of the United States District Court for the District of North Dakota submitted by the Defendant in which the Government alleges the Defendant falsely claimed to be a law school graduate and a member of the bar of another federal court. The mail fraud claim relates to allegations that the Defendant used his admission to the bar of the United States District Court for the District of North Dakota in order to gain admission to the bar in other courts and that he represented a number of individuals in this court and other courts and was paid for his efforts.

II. DISCUSSION

A. Disclosure of Witnesses List

The Defendant asks the Court to order the Government to disclose its witness list to the Defendant ten days prior to trial. Trial is scheduled for April 14, 2009. In its response the Government agreed to disclose its witness list to the Defendant on or before April 3, 2009. The Court has no reason to believe the Government will not disclose its witness list as promised. The matter is effectively moot.

B. Examination of Prospective Jurors

The Defendant asks that he be allowed to examine the jury panel during the jury selection process.

The examination of prospective jurors is covered by Rule 24(a) of the Federal Rules of Criminal Procedure. Rule 24(a) provides as follows:

(a) Examination

(1) In General. The court may examine prospective jurors or may permit the attorneys for the parties to do so.

(2) Court Examination. If the court examines the jurors, it must permit the ...


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