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U.S. v. HONKEN

No. CR 01-3047-MWB.

378 F.Supp.2d 1040 (2004)

UNITED STATES of America, Plaintiff, v. Dustin Lee HONKEN, Defendant.

United States District Court, N.D. Iowa, Central Division.

September 1, 2004.

Attorney(s) appearing for the Case

Alfredo G. Parrish, Parrish Kruidenier Moss Dunn Montgomery Boles & Gribble, LLP, Des Moines, IA, for Defendant.

Charles J. Williams, U.S. Attorney's Office, Cedar Rapids, IA, for Plaintiff.

MEMORANDUM OPINION AND ORDER REGARDING DEFENDANT'S REQUEST FOR "RESIDUAL DOUBT" INSTRUCTION AT PENALTY PHASE

BENNETT, Chief Judge.

One issue to surface in this case in the course of individual voir dire of potential jurors is whether the defendant is permitted to argue, and is entitled to a jury instruction explaining, that jurors may consider in the penalty phase any "residual doubts" concerning the defendant's guilt as a mitigating factor in...

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