PROPOSED JURY INSTRUCTIONS by Kisha Sutton — United States of America v. Sutton et al (Dkt. 164)

Record facts

U.S. District Court for the Southern District of West Virginia · No. 2:24-cr-00192 · Doc. 164 · 2025-04-01 · Docket on CourtListener

Summary

Defendant's Proposed Jury Instructions filed by Kisha Sutton on April 1, 2025 in United States of America v. Sutton et al, No. 2:24-cr-00192, in the U.S. District Court for the Southern District of West Virginia, Doc. 164. The numbered instructions open with the duty to follow instructions, proof beyond a reasonable doubt, multiple counts, and the definition of evidence, direct and circumstantial. Others address a non-testifying defendant, witness credibility, impeachment, punishment and law enforcement witnesses. Instructions 13 to 15 cover conspiracy agreement, evidence and membership, followed by intent to defraud and proof of intent. The 28-page filing closes with instruction 25 on the defendant's testimony and a certificate of service signed by defense counsel Connor Robertson.

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IN THE UNITED STATES DISTRICT COURT  
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA  
 
UNITED STATES OF AMERICA,  
 
 
 
PLAINTIFF,  
 
V.  
 
 
 
 
 
 
 
CASE NO.: 2:24-cr-00192-01 
 
KISHA SUTTON,  
 
 
 
DEFENDANT.  
 
DEFENDANT’S PROPOSED JURY INSTRUCTIONS 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
S:// Connor Robertson    
Connor Robertson (11460) 
ROBERTSON LAW PLLC 
2702 Main Street 
Hurricane, WV 25526 
(304) 522-4100 
cdr@croblaw.com  
 
 
 
 
 
 
 
 
 
Case 2:24-cr-00192     Document 164     Filed 04/01/25     Page 1 of 28 PageID #: 770

 
DEFENDANT’S PROPOSED JURY INSTRUCTION # 1 
 
DUTY TO FOLLOW INSTRUCTIONS  
 
 
You, as jurors, are the judges of the facts. But in determining what actually happened – 
that is, in reaching your decision as to the facts – it is your sworn duty to follow all of the rules of 
law as I explain them to you.  
 
You have no right to disregard of give special attention to any one instruction, or to 
question the wisdom or correctness of any rule I may state to you. You must not substitute or 
follow your own notion or opinion as to what the law ought to be. It is your duty to apply the law 
as I explain it to you, regardless of the consequences. However, you should not read into these 
instructions, or anything else I may have said or done, any suggestion as to what your verdict 
should be. That is entirely up to you.  
 
It is also your duty to base your verdict solely upon the evidence, without prejudice or 
sympathy. That was the promise you made and the oath you took.  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Case 2:24-cr-00192     Document 164     Filed 04/01/25     Page 2 of 28 PageID #: 771

DEFENDANT’S PROPOSED JURY INSTRUCTION # 2 
 
PROOF – REASONABLE DOUBT 
 
 
The defendant has pled not guilty to the charges in the Indictment. The government has the 
burden of proving the defendant guilty beyond a reasonable doubt. The law does not require a 
defendant to prove his innocence or produce any evidence at all. The government has the burden 
of proving the defendant guilty beyond a reasonable doubt, and if it fails to do so, you must find 
the defendant not guilty.  
 
Proof beyond a reasonable doubt is proof that leaves you firmly convinced of the 
defendant’s guilt. There are a few things in this world that we know with absolute certainty, and 
in criminal cases, the law does not require proof that overcomes every possible doubt. It is only 
required that the government’s proof exclude any “reasonable doubt” concerning the defendant’s 
guilty. A reasonable doubt is a doubt based on reason and common sense after careful and impartial 
consideration of all the evidence in the case. If, based on your consideration of the evidence, you 
are firmly convinced that the defendant is guilty of the crime(s) as charged, you must find him 
guilty. If, on the other hand, you think there is a reasonable possibility that he is not guilty, you 
must give him the benefit of the doubt and find him not guilty.  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Case 2:24-cr-00192     Document 164     Filed 04/01/25     Page 3 of 28 PageID #: 772

DEFENDANT’S PROPOSED JURY INSTRUCTION # 3 
 
MULTIPLE COUNTS 
 
 
A separate crime is charged against the defendant in each count of the Indictment. You 
must separately consider the evidence against the defendant on each count. Your verdict as to any 
one count, whether it is guilty or not guilty, should not influence your verdict as to any other count.  
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Case 2:24-cr-00192     Document 164     Filed 04/01/25     Page 4 of 28 PageID #: 773

DEFENDANT’S PROPOSED JURY INSTRUCTION # 4 
 
ON OR ABOUT 
 
 
You will note that the Indictment charges that the crimes were committed on or about 
certain dates. The government must prove beyond a reasonable doubt that the defendant committed 
the crime or crimes reasonably near the date or dates charged.  
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Case 2:24-cr-00192     Document 164     Filed 04/01/25     Page 5 of 28 PageID #: 774

DEFENDANT’S PROPOSED JURY INSTRUCTION # 5 
 
EVIDENCE – DEFINED 
 
 
You must make your decision based only on the evidence that you saw and heard here in 
court. Do not let rumors, suspicions, or anything else that you may have seen or heard outside of 
the court influence your decision in any way.  
 
The evidence in this case includes only what the witnesses said while they were testifying 
under oath, the exhibits that I allowed into evidence, and the stipulations that the lawyers agreed 
to.  
 
Nothing else is evidence. The lawyers’ statements and arguments are not evidence. Their 
questions and objections are not evidence. My legal rulings are not evidence. And my comments 
and questions are not evidence.  
 
During the trial, to the extent that I did not let you hear the answers to some of the questions 
that the lawyers asked, or ruled that you could not see some of the exhibits that the lawyers wanted 
you to see, or ordered you to disregard things that you saw or heard, or struck from the record, you 
must completely ignore all of those things. Do not even think about them. Do not speculate about 
what a witness might have said or what an exhibit might have shown. These things are not 
evidence, and you are bound by your oath not to let them influence your decision in any way.  
 
 
 
 
 
 
 
 
 
 
 
 
Case 2:24-cr-00192     Document 164     Filed 04/01/25     Page 6 of 28 PageID #: 775

DEFENDANT’S PROPOSED JURY INSTRUCTION # 6 
 
EVIDENCE – DIRECT AND CIRCUMSTANTIAL – INFERENCES 
 
 
There are, generally speaking, two types of evidence from which a jury may properly 
determine the facts of a case. One is direct evidence, such as the testimony of an eyewitness. The 
other is indirect or circumstantial evidence, that is, the proof of a chain of facts which point to the 
existence or non-existence of certain other facts.  
 
As a general rule, the law makes no distinction between direct and circumstantial evidence. 
The law simply requires that you find the facts in accord with all the evidence in the case, both 
direct and circumstantial.  
 
While you must consider only the evidence in this case, you are permitted to draw 
reasonable inferences from the testimony and exhibits, inferences you feel are justified in light of 
common experience. An inference is a conclusion that reason and common sense may lead you to 
draw from facts which have been proved.  
 
By permitting such reasonable inferences, you may make deductions and reach conclusions 
that reason and common sense lead you to draw from the facts which have been established by the 
testimony and evidence in this case.  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Case 2:24-cr-00192     Document 164     Filed 04/01/25     Page 7 of 28 PageID #: 776

DEFENDANT’S PROPOSED JURY INSTRUCTION # 7 
 
NON-TESTIFYING DEFENDANT 
 
 
The defendant did not testify and I remind you that you cannot consider a decision not to 
testify as evidence of guilt. You must understand that the Constitution of the United States grants 
to a defendant the right to remain silent. That means the right not to testify. That is a constitutional 
right in this country, it is very carefully guarded, and you must not presume or infer guilt from the 
fact that a defendant does not take the witness stand and testify.  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Case 2:24-cr-00192     Document 164     Filed 04/01/25     Page 8 of 28 PageID #: 777

DEFENDANT’S PROPOSED JURY INSTRUCTION # 8 
 
CREDIBILITY OF A WITNESS 
 
 
I remind you that it is your job to decide whether the government has proved the guilt of 
the defendant beyond a reasonable doubt. In doing so, you must consider all of the evidence. This 
does not mean, however, that you must accept all of the evidence as true or accurate.  
 
You are the sole judges of the credibility or “believability” of each witness and the weight 
to be given to the witness’s testimony. An important part of your job will be making judgments 
about the testimony of the witnesses who testify in this case. You should think about the testimony 
of each witness you have heard and decide whether you believe all or any part of what each witness 
had to say, and how important that testimony was. In making that decision, I suggest that you ask 
yourself a few questions: Did the witness impress you as honest? Did the witness have any 
particular reason not to tell the truth? Did the witness have a personal interest in the outcome of 
the case? Did the witness have any relationship with either the government or the defense? Did the 
witness seem to have a good memory? Did the witness clearly see or hear the things about which 
he/she testified? Did the witness have the opportunity and ability to understand the questions 
clearly and answer them directly? Did the witness’s testimony differ from the testimony of other 
witnesses? When weighing the conflicting testimony, you should consider whether the discrepancy 
has to do with a material fact or with an unimportant detail. And you should keep in mind that 
innocent misrecollection – like failure of recollection – is not uncommon.  
 
In reaching a conclusion on a particular point, or ultimately in reaching a verdict in this 
case, do not make any decisions simply because there were more witnesses on one side than on 
the other side.  
 
 
Case 2:24-cr-00192     Document 164     Filed 04/01/25     Page 9 of 28 PageID #: 778

DEFENDANT’S PROPOSED JURY INSTRUCTION # 9 
 
IMPEACHMENT 
 
 
You are instructed that a witness may be discredited or impeached by contradictory 
evidence or by evidence that, at other times, the witness made statements which are inconsistent 
with the witness’s present testimony.  
 
If you believe that any witness has been impeached and thus discredited, it is your exclusive 
province to determine the credibility of the witness and to give the testimony of that witness such 
weight, if any, as you may think it deserves.  
 
If any witness is shown to have knowingly testified falsely concerning any material matter, 
you have the right to distrust such witness’s testimony in other particulars, and you may reject all 
or any part of the testimony of that witness, or give it only such weight as you may think it deserves.  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Case 2:24-cr-00192     Document 164     Filed 04/01/25     Page 10 of 28 PageID #: 779

DEFENDANT’S PROPOSED JURY INSTRUCTION # 10 
 
CAUTION – CONSIDER ONLY CRIMES CHARGED 
 
 
You are here to decide whether the government has proved beyond a reasonable doubt that 
the defendant is guilty of the crimes charged. The defendant is not on trial for any act, conduct, or 
crime not charged in the Indictment.  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Case 2:24-cr-00192     Document 164     Filed 04/01/25     Page 11 of 28 PageID #: 780

DEFENDANT’S PROPOSED JURY INSTRUCTION # 11 
 
PUNISHMENT 
 
 
If you find the defendant guilty of any of the crimes charged, it will be my duty to decide 
what the punishment will be. You should not discuss or consider the possible punishment in any 
way while deciding your verdict.  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Case 2:24-cr-00192     Document 164     Filed 04/01/25     Page 12 of 28 PageID #: 781

DEFENDANT’S PROPOSED JURY INSTRUCTION # 12 
 
LAW ENFORCEMENT WITNESS 
 
 
You have heard the testimony of a law enforcement official. The fact that a witness may 
be employed by the federal or state government as a law enforcement official does not mean that 
his testimony is necessarily deserving of more or less consideration or greater or lesser weigh than 
that of an ordinary witness.  
 
It is your decision after reviewing all the evidence whether to accept the testimony of the 
law enforcement witness and to give that testimony whatever weight, if any, you find it deserves.  
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Case 2:24-cr-00192     Document 164     Filed 04/01/25     Page 13 of 28 PageID #: 782

DEFENDANT’S PROPOSED JURY INSTRUCTION # 13 
 
CONSPIRACY - AGREEMENT 
 
 
A conspiracy is an agreement between two or more persons to accomplish an unlawful 
purpose. It is kind of a “partnership in criminal purposes” in which each member becomes the 
agent or partner of every other member. Once a person becomes a member of a conspiracy, he is 
held legally responsible for the acts of the other members done in furtherance of the conspiracy, 
even though he was not present or aware that the acts were being committed.  
 
Mere similarity of conduct among various persons, and the fact that they may have 
associated with each other, and may have assembled together and discussed common aims and 
interests, does not necessarily establish proof of the existence of a conspiracy.  
 
The evidence in the case need not show that the members entered into any express or formal 
agreement. Nor is it necessary that the evidence show that the members stated between themselves 
what their object or purpose was to be, or the details thereof, or the means by which the object or 
purpose was to be accomplished. In order to establish proof that a conspiracy existed, the evidence 
must show beyond a reasonable doubt that the members in some way or manner, or through some 
contrivance, expressly or impliedly came to a mutual understanding to try to accomplish a common 
and unlawful plan.  
 
 
 
 
 
 
 
 
 
 
 
 
Case 2:24-cr-00192     Document 164     Filed 04/01/25     Page 14 of 28 PageID #: 783

DEFENDANT’S PROPOSED JURY INSTRUCTION # 14 
 
CONSPIRACY – EVIDENCE 
 
 
The evidence in the case need not establish that all the means or methods set forth in the 
Indictment were agreed upon to carry out the alleged conspiracy; nor that all the means or methods, 
which were agreed upon, were actually used or put into operation; nor that all of the persons 
charged to have been members of the alleged conspiracy were members. Rather the evidence in 
the case must establish beyond a reasonable doubt that the alleged conspiracy was knowingly 
formed; and that one or more of the means or methods described in the Indictment were agreed 
upon to be used, in an effort to effect or accomplish some object or purpose of the conspiracy, as 
charged in the Indictment; and that two or more persons were knowingly members of the 
conspiracy.  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Case 2:24-cr-00192     Document 164     Filed 04/01/25     Page 15 of 28 PageID #: 784

DEFENDANT’S PROPOSED JURY INSTRUCTION # 15 
 
MEMBERSHIP IN CONSPIRACY 
 
 
If you conclude from the evidence beyond a reasonable doubt that a conspiracy as charged 
did exist, then you must next determine whether the defendant was a member of that conspiracy; 
that is, whether he participated in the conspiracy with knowledge of its unlawful purposes and in 
furtherance of its unlawful objectives. In determining whether a defendant was a member of the 
conspiracy, the jury must consider only his acts and statements. A defendant cannot be bound by 
the acts or declaration of other participants until it is established that a conspiracy existed, and that 
he was one of its members.  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Case 2:24-cr-00192     Document 164     Filed 04/01/25     Page 16 of 28 PageID #: 785

DEFENDANT’S PROPOSED JURY INSTRUCTION # 16 
 
INTENT TO DEFRAUD 
 
 
To act “with intent to defraud” means to act willfully with intent to deceive or cheat, 
ordinarily for the purpose of causing financial loss to another or bringing about a financial gain to 
one’s self.  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Case 2:24-cr-00192     Document 164     Filed 04/01/25     Page 17 of 28 PageID #: 786

DEFENDANT’S PROPOSED JURY INSTRUCTION # 17 
 
PROOF OF INTENT 
 
 
Intent ordinarily may not be proved directly, because there is no way of fathoming or 
scrutinizing the operations of the human mind. You may infer the defendant’s intent from the 
surrounding circumstances. Intent may be and usually is proved by circumstantial evidence if it is 
proved at all. You may consider any statements made and any acts done or omitted by the 
defendant, and all other facts and circumstances in evidence that indicate his state of mind.  
 
You may consider it reasonable to draw an inference and thus find that a person intends 
the natural and probable consequences of acts knowingly done. As I have said, it is entirely up to 
you to decide what facts to find from the evidence.  
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Case 2:24-cr-00192     Document 164     Filed 04/01/25     Page 18 of 28 PageID #: 787

DEFENDANT’S PROPOSED JURY INSTRUCTION # 18 
 
KNOWINGLY  
 
 
 
An act is done “knowingly” if it is done voluntarily and intentionally, and not because of 
ignorance, mistake, or accident.  
 
The term “knowingly,” as used in these instructions to describe the alleged state of mind 
of the defendant, means that he was conscious and aware of his actions. You may consider 
evidence of the defendant’s words, acts or omissions, along with all of the other evidence, in 
deciding whether the defendant acted knowingly.  
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Case 2:24-cr-00192     Document 164     Filed 04/01/25     Page 19 of 28 PageID #: 788

DEFENDANT’S PROPOSED JURY INSTRUCTION # 19 
 
INTERSTATE COMMERCE – DEFINED 
 
 
“Interstate Commerce” means commerce or travel between one state, territory or 
possession of the United States and another state, territory or possession of the United States, 
including the District of Columbia. Commerce includes travel, trade, transportation and 
communication.  
 
If you decide that there was any effect at all on interstate commerce, then that is enough to 
satisfy this element. All that is necessary is that the natural and probable consequence of the acts 
the defendant took would be to affect interstate commerce.  
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Case 2:24-cr-00192     Document 164     Filed 04/01/25     Page 20 of 28 PageID #: 789

DEFENDANT’S PROPOSED JURY INSTRUCTION # 20 
 
DUTY TO DELIBERATE  
 
 
In a moment, the bailiff will escort you to the jury room and provide you each with a copy 
of the Indictment and instructions that I have just read. Any exhibits admitted into evidence will 
also be placed in the jury room for your review.  
 
When you go to the jury room, you should first select a foreperson, who will help to guide 
your deliberations and will speak for you here in the courtroom. The second thing you should do 
is review the instructions. Not only will your deliberations be more productive if you understand 
the legal principles upon which your verdict must be based, but for your verdict to be valid, you 
must follow the instructions throughout your deliberations. Remember, you are the judges of the 
facts, but you are bound by your oath to follow the law stated in the instructions.  
 
To reach a verdict, whether it is guilty or not guilty, all of you must agree. Your verdict 
must be unanimous on each count of the Indictment. Your deliberations will be secret. You will 
never have to explain your verdict to anyone.  
 
You must consult with one another and deliberate in an effort to reach an agreement if you 
can do so. Each of you must decide the case for yourself, but only after an impartial consideration 
of the evidence with your fellow jurors. During your deliberations, do not hesitate to reexamine 
your own opinions and change your mind if convinced you were wrong. But do not give up your 
honest beliefs solely because of the opinion of your fellow jurors, or for the mere purpose of 
returning a verdict.  
 
Remember at all times, you are the judges – judges of the facts. You must decide whether 
the government has proved the defendant guilty beyond a reasonable doubt.  
Case 2:24-cr-00192     Document 164     Filed 04/01/25     Page 21 of 28 PageID #: 790

 
A form of verdict as been prepared for your convenience. The foreperson will write the 
unanimous answer of the jury in the space provided for each count of the Indictment, either guilty 
or not guilty. At the conclusion of your deliberations, the foreperson should sign and date the 
Verdict Form.  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Case 2:24-cr-00192     Document 164     Filed 04/01/25     Page 22 of 28 PageID #: 791

DEFENDANT’S PROPOSED JURY INSTRUCTION # 21 
 
PRESUMPTION OF INNOCENCE SUFFICIENT TO ACQUIT 
 
The presumption of innocence alone is sufficient to acquit the defendant, unless 
you are satisfied beyond a reasonable doubt of the defendant’s guilt after careful and 
impartial consideration of all evidence in the case. The defendant is never convicted on 
mere suspicion or conjecture. 
1 L. Sand, et al., Modern Federal Jury Instructions 6-4 (1997). 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Case 2:24-cr-00192     Document 164     Filed 04/01/25     Page 23 of 28 PageID #: 792

 
DEFENDANT’S PROPOSED JURY INSTRUCTION # 22 
 
SPECULATION NOT ALLOWED 
 
Any personal opinion which you may have as to the facts not established by the 
evidence cannot be properly considered by you as a basis for your verdict. As jurors, 
sworn to try this case and to render a true verdict on the law and the evidence, you may 
act only upon evidence which has been introduced before you during the course of the 
trial. You cannot speculate or guess as to what may have happened in the absence of 
evidence or testimony on a given point and you should carefully consider the testimony 
of each and every witness and not disregard or overlook any testimony or evidence. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Case 2:24-cr-00192     Document 164     Filed 04/01/25     Page 24 of 28 PageID #: 793

 
 
DEFENDANT’S PROPOSED JURY INSTRUCTION # 23 
 
DEFINITIONS OF WEIGHT AND CREDIBILITY OF WITNESS 
 
You are the sole judges of the credibility of the witnesses and the weight of the 
evidence. “The credibility of the witnesses” means the believability or the lack of 
believability of the witness. “The weight of the evidence” means the extent to which you 
are or you are not convinced by the evidence. 
In determining the credit and weight you will give to the testimony of any witness 
who has testified before you, you may consider, if found by you from the evidence the 
good memory or lack of memory of the witness, the self-interest or lack of self-interest of 
the witness in the outcome of the trial, the relationship of any witness to any of the parties 
or any other witness, the demeanor and manner of testifying of the witness, the 
opportunity and means or lack of opportunity and mean of having knowledge of the 
matters of which the witness testifies, the reasonableness or unreasonableness of the 
testimony of the witness, the apparent fairness or lack of fairness of the witness, the 
intelligence or lack of intelligence of the witness, the bias, prejudice, hostility, friendliness 
of the witness for or against either party to the proceedings, contradictory statements of 
any witness, contradictory acts of any witness, the intoxication, mental condition or drug 
influences of any witness at the time of the events of which the witness testified. 
 
 
 
 
 
 
 
 
Case 2:24-cr-00192     Document 164     Filed 04/01/25     Page 25 of 28 PageID #: 794

 
 
 
 
DEFENDANT’S PROPOSED JURY INSTRUCTION # 24 
 
CONFLICT OF EVIDENCE 
The Court instructs the jury that if you find there is a conflict in the evidence in 
this case on any fact or circumstances tending to establish the guilt or innocence of the 
defendant, a part of which is in favor of the theory of the State and a part is in favor of 
the theory of the defendant, and the jury should entertain a reasonable doubt as to which 
is true, then it is the duty of the jury in arriving at their verdict to adopt the evidence, 
theory and conclusion most favorable to the accused. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Case 2:24-cr-00192     Document 164     Filed 04/01/25     Page 26 of 28 PageID #: 795

 
 
 
 
 
DEFENDANT’S PROPOSED JURY INSTRUCTION # 25 
 
DEFENDANT’S TESTIMONY 
The defendant has no duty to take the stand as a witness in his own behalf. The 
fact that the defendant did not testify as a witness in his own behalf cannot be taken or 
considered by the jury as evidence or even a circumstance showing or tending to show 
in the slightest degree the guilt of the accused and you should draw no inference 
therefrom as to his guilt or innocence. You should entirely disregard it and not discuss 
it. 
 
 
 
 
 
 
 
 
 
 
 
 
 
Case 2:24-cr-00192     Document 164     Filed 04/01/25     Page 27 of 28 PageID #: 796

 
 
 
IN THE UNITED STATES DISTRICT COURT 
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA  
CHARLESTON 
 
UNITED STATES OF AMERICA,  
 
 
 
PLAINTIFF,  
 
V.  
 
 
 
 
 
 
CASE NO.: 2:24-CR-000192-01 
 
KISHA SUTTON,  
 
 
 
DEFENDANT.  
 
CERTIFICATE OF SERVICE 
 
 
I, Connor Robertson, certify that on the 1st day of April, 2025, a copy of the foregoing 
“Defendant’s Proposed Jury Instructions” was served on the United States by ECF, to Jonathan 
Storage, Assistant United States Attorney to the following:  
 
Jonathan Storage 
Assistant United States Attorney 
Jonathan.Storage@usdoj.gov 
 
S:// Connor D. Robertson  
Connor Robertson (11460) 
ROBERTSON LAW PLLC 
2702 Main Street 
Hurricane, WV 25526 
(304) 557-1601 
CDR@CROBLAW.COM 
Case 2:24-cr-00192     Document 164     Filed 04/01/25     Page 28 of 28 PageID #: 797

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