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United States v. Madison

United States District Court, M.D. Florida, Orlando Division

May 31, 2018

UNITED STATES OF AMERICA
v.
JARVIS WAYNE MADISON

          REPORT AND RECOMMENDATION

          KARLA R. SPAULDING UNITED STATES MAGISTRATE JUDGE

         TO THE UNITED STATES DISTRICT COURT:

         This cause came on for consideration without oral argument on the following motion filed herein:

MOTION DEFENDANT'S UNOPPOSED RENEWED THIRD MOTION FOR DISCOVERY OF INFORMATION CONCERNING THE CONFECTION AND CREATION OF THE JURY VENIRE (Doc. No. 291)
FILED: May 23, 2018
THEREON it is RECOMMENDED that the motion be GRANTED IN PART AND DENIED IN PART.

         In this renewed third motion for disclosure of information regarding the Court's jury plan and its implementation, counsel for Defendant seek information regarding the recently filled 2017 Master and Qualified Jury Wheels. I have previously provided the background and law relevant to the request. Doc. No. 102.

         Counsel for Defendant ask for nine categories of information. They state that counsel for the United States does not object to the motion. Doc. No. 291, at 2-4. I will address the requests by related categories.

         In request i, counsel ask for any proposed amendment to the Jury Plan. The Jury Plan is a matter of public record and can be obtained by counsel at https://www.flmd.uscourts.gov/forms/ General/2009-AmendedJuryPlan.pdf. There are currently no proposed amendments to the Jury Plan. Therefore, I recommend that the Court DENY request i because there is no responsive information.

         In request ii, counsel ask for all voter registration lists provided to the Clerk of Court that ultimately resulted in the creation of the Master Jury Wheel from which the petit jury in this case will be selected, including enumerated specific information. The petit jury in this case will be selected from the 2017 Master Jury Wheel in the Orlando Jury Division. The Clerk of Court has previously provided counsel for Defendant with a CD containing the voter registration list that was used to created the 2017 Master Jury Wheel, the identity of the agency and/or person that provided the CD and the date it was provided. Therefore, I recommend that the Court DENY as moot request ii.

         In requests iii and iv, counsel ask for an electronic copy of the Master Jury Wheel and Qualified Jury Wheel data, including racial, ethnic, gender and age information, for the jury pool from which the petit jury in this case will be selected. The petit jury in this case will be selected from the 2017 Master Jury Wheel and Qualified Jury Wheel for the Orlando Jury Division. The Clerk of Court can provide copies of the following reports regarding the 2017 Master and Qualified Jury Wheels for the Orlando Jury Division: JS-12, AO-12, and MJW-2017 Status Report. The JS-12 and AO-12 reports contain racial, ethnic and gender information. The MJW-2017 Status Report also contains some age information. Therefore, I recommend that the Court GRANT in part requests iii and iv and direct the Clerk of Court to furnish the JS-12, AO-12 and MJW-2017 Status Report to counsel and DENY the request in all other respects.

         In request v, counsel ask for all surveys or reports regarding the composition of the Master or Qualified Jury Wheels for the 2017 Master or Qualified Jury Wheel throughout the district as well as the information (including Scantron batch sheets) used to complete the surveys or reports. The Court has previously found that this request must be narrowed to information about the Master and Qualified Jury Wheels for the Orlando Jury Division. Doc. Nos. 102, 108. As discussed above, the Clerk of Court can furnish the JS-12, AO-12 and MJW-2017 Status Report for the 2017 Master and Qualified Jury Wheels in the Orlando Division to counsel. The MJW-2017 Status Report will include both Scantron data and information provided by jurors electronically, where applicable. Therefore, I recommend that the Court GRANT in part request v, direct the Clerk of Court to provide the JS-12, AO-12 and MJW-2017 Status Report for the 2017 Master and Qualified Jury Wheels in the Orlando Division to counsel, and DENY request v in all other respects.

         In request vi, counsel seek the completed juror qualification forms of all persons qualified for service in the 2017 Qualified Jury Wheels after the Clerk redacts all identifying information. It would be unduly burdensome for the Clerk's Office to redact personal identifying information because it would require manually redacting more than 18, 000 juror questionnaires. Additionally, demographic data drawn from these questionnaires is contained in the MJW-2017 Status Report, which may be disclosed as discussed above. Therefore, I recommend that the Court DENY request vi. See, e.g., Doc. Nos. 138, 156.

         In request vii, counsel also ask for an electronic database detailing all persons disqualified, excused, or exempted and any other materials or information concerning these determinations (including requests for excusals, exemption and orders or notations concerning excusals, exemptions, and disqualifications) for the 2017 Master or Qualified Jury Wheel, with all personal information redacted. The MJW-2017 Status Report for the Orlando Jury Division will provide statistical information by category of permanent disqualification, excusals and exemptions for jurors in the Orlando Division. Because I have ...


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