Case 2:16-cr-00046-GMN-PAL Document 1255 Filed 01/09/17 Page 1 of 3

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601 S. Seventh St., 2nd Floor

Las Vegas, Nevada 89101
702-906-2411 Fax 866-299-5274

T ANASI L AW O FFICES

RICHARD E. TANASI, ESQ.

Nevada Bar No. 9699
TANASI LAW OFFICES
601 S. Seventh St., 2nd Floor
Las Vegas, NV 89101
Telephone: (702) 906-2411
Facsimile: (866) 299-5274
Email: rtanasi@tanasilaw.com
Attorney for Defendant
STEVEN STEWART

DISTRICT COURT

CLARK COUNTY, NEVADA

10 UNITED STATES OF AMERICA,

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Plaintiff,

Case No.:

2:16-cr-00046-GMN-PAL

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v.

14 STEVEN STEWART, et al
Defendants.

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Certification: This Motion is timely filed.

DEFENDANT STEWART AND PARKERS MOTION FOR ATTORNEY
CONDUCTED VOIR DIRE

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COMES NOW, Defendant, STEVEN STEWART, by and through his attorney,

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RICHARD E. TANASI, ESQ. of TANASI LAW OFFICES, and Defendant Eric Parker, by and

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through his attorney, JESS MARCHESE, ESQ. respectfully moves this Honorable Court for

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Attorney Conducted Voir Dire.

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submitted in support of this request.

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The attached Memorandum of Points and Authorities is

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Case 2:16-cr-00046-GMN-PAL Document 1255 Filed 01/09/17 Page 2 of 3

601 S. Seventh St., 2nd Floor

Las Vegas, Nevada 89101
702-906-2411 Fax 866-299-5274

T ANASI L AW O FFICES

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MEMORANDUM OF POINTS AND AUTHORITES

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PROCEDURAL HISTORY AND FACTS

Mr. Stewart and 18 co-defendants are charged in a 16-count superseding indictment that

includes four forfeiture allegations. [Doc. 27]. The charges stem from an alleged standoff with

law enforcement agents near Bunkerville, Nevada in April 2014. Id. This case is schedule to go

to trial, on February 6, 2016 for the Tier 3 defendants. Mr. Stewart has been placed in Tier 3.

II.

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LEGAL ARGUMENT

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A.

ATTORNEY CONDUCTED VOIR DIRE

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Pursuant to Federal Rule of Criminal. Procedure 24(a)(1), [t]he court may examine

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prospective jurors or may permit the attorneys for the parties to do so. Mr. Stewart and Mr.

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Parker respectfully requests that the Court exercise its discretion to permit 120 minutes of

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attorney conducted voir dire to be divided by counsel for defendants in Tier 3, understanding

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the Government would have time to do the same.

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The importance of voir dire questioning in obtaining a fair and impartial jury has been

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recognized for over 40 years. Swain v. Alabama, 380 U.S. 202, 221 (1965). Courts have

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acknowledged that general questions asked of potential jurors are often ineffective in revealing

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bias and prejudices of potential jurors. United States v. Shavers, 615 F.2d 266, 268 (5th Cir.

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1980). Counsel for both sides are intimately familiar with the facts of the case and are in an

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excellent position to ask questions designed to discover the opinions of jurors on issues central

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to the case.

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This trial centers on a protest where several individuals allegedly were armed and which

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has been highly publicized. The jury pool will likely have strong feelings about the particular

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issues in this case, including the rights surrounding the First and Second Amendments. Counsel

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for Stewart and Parker submit that attorney conducted voir dire is necessary to encourage jurors

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to honestly tell the Court what they think about issues that will arise in the case and explore any
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Case 2:16-cr-00046-GMN-PAL Document 1255 Filed 01/09/17 Page 3 of 3

latent biases or prejudices that may be present. Should this Court allow attorney conducted voir

dire, this time will be used to ask questions designed to explore, in depth, the issues of this case

with the pool of prospective jurors.

Accordingly, counsel requests that the Court exercise its discretion to allow attorneys to

conduct voir dire because it will better ensure the parties will be able to identify jurors that can

act fairly and impartially.

III.

CONCLUSION

601 S. Seventh St., 2nd Floor

Las Vegas, Nevada 89101
702-906-2411 Fax 866-299-5274

T ANASI L AW O FFICES

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WHEREFORE, based on the foregoing argument and authorities, Defendant Stewart,

respectfully prays that this Honorable Court permit attorney-conducted voir dire.
DATED this 9th day of January, 2017.

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TANASI LAW OFFICES

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/s/ Richard Tanasi

RICHARD TANASI, ESQ.

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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on the 9th day of 2017, the undersigned served the foregoing
DEFENDANT STEWARTS MOTION ATTORNEY CONDUCTED VOIR DIRE on all
counsel herein by causing a true copy thereof to be filed with the Clerk of Court using the
CM/ECF system, which was served via electronic transmission by the Clerk of Court pursuant
to local order.

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/ / SIGNED / /

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RICHARD E. TANASI, ESQ.

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