CC Realty Servs. LLC v. S. Cavallo, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• in rape case arising from “sequence of acts,” facts revealed continuing course of conduct rather than succession of clearly detached incidents, thus specific unanimity instruction not required
• no instruction required as to which of several acts of penetration during single episode constituted rape
• judge not required to give specific unanimity instruction where rape was alleged to have occurred as part of single episode, despite victim’s testimony as to multiple acts of penetration
• “A unanimity instruction is required only if there are separate events or episodes and the jurors could otherwise disagree concerning which act a defendant committed and yet convict him of the crime charged”
• “When a single count is charged and where the spatial and temporal separations between acts are short, that is, where the facts show a continuing course of conduct, rather than a succession of clearly detached incidents, a specific unanimity instruction is not required”

Source: CourtListener parenthetical corpus (CC0).