Indictment - United States v. Tracy and Carolyn Wade

Record facts

U.S. District Court for the Southern District of Florida · No. 0:23-cr-60173-KMW · Doc. 43 · 2024-04-12 · Docket on CourtListener

Summary

Defendant Carolyn D. Wade's proposed jury instruction on alibi in United States of America v. Carolyn D. Wade, Case No. 0:23-cr-60173-KMW, in the U.S. District Court for the Southern District of Florida, filed April 12, 2024 as Document 43. The filing asks the court to give the instruction, labeled S6.1 Alibi, to the jury before deliberations. The proposed instruction would tell jurors that the government has the burden of proving beyond a reasonable doubt that the defendant was present at the time and place of the crime charged, and that the defendant does not have the burden of proving an alibi. It would direct a verdict of not guilty if jurors have reasonable doubt that the defendant was present when the crime was committed. The two-page filing is signed by defense counsel Johnny L. McCray, Jr. and includes a certificate of service.

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Full text

Page 1 of 2 
 
UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF FLORIDA 
 
UNITED STATES OF AMERICA, 
 
Case No:23-CR-60173 Williams (Graham) 
v. 
CAROLYN D. WADE, 
 
Defendant.  
 
 
 
 
 
/ 
 
DEFENDANT WADE’S PROPOSED JURY INSTRUCTION  
 
The Defendant, CAROLYN D. WADE, through counsel, respectfully requests   
that the Court give  the following instructions to the jury panel prior to their  
deliberations: 
 
Defendant’s Proposed Jury Instruction regarding 
S6.1 ALIBI 
 
 
Evidence has been admitted that the defendant was not present at the time 
and place of the commission of the crime charged in the indictment.  
 
The government has the burden of proving beyond a reasonable doubt the 
defendant was present at that time and place. The defendant does not have the 
burden of proving an alibi defense, nor does the defendant have to convince you that 
she was not present at the time and place of the commission of the crime. 
 
If after consideration of all the evidence, you have reasonable doubt that the 
defendant was present at the time the crime was committed, you must find the 
defendant not guilty.   
Case 0:23-cr-60173-KMW   Document 43   Entered on FLSD Docket 04/12/2024   Page 1 of 2

Page 2 of 2 
 
USA v. Carolyn D. Wade 
Proposed Jury Instruction 
Case N0. 23-cr-60173 Williams/Graham 
 
 
                           CERTIFICATE OF SERVICE 
 
I HEREBY CERTIFY that on April 12, 2024, I electronically filed the 
foregoing document with the Clerk of the Court using CM/ECF. I also certify that the 
foregoing document is being served this day on all counsel of record via transmission 
of the Notices of Electronic Filing generated by CMF-ECF or in some other authorized 
manner for those Counsel or parties who are not authorized to receive electronically 
Notices of Electronic Filing. 
 
Respectfully submitted, 
 
/s/ Johnny L. McCray, Jr., Esq.__ 
Johnny L. McCray, Jr., Esquire  
Counsel for Defendant Wade 
Florida Bar No.342319  
400 E. Atlantic Boulevard 
Pompano Beach, Florida 33060 
(954) 954-781-3662 
McCrayjlaw@gmail.com 
 
cc: Carolyn D. Wade 
 
 
 
Case 0:23-cr-60173-KMW   Document 43   Entered on FLSD Docket 04/12/2024   Page 2 of 2

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