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· 4/20/2007

United States v. Frederick Kakos

Citations

  • 483 F.3d 441
  • 2007 U.S. App. LEXIS 9107
  • 2007 WL 1159958

How courts have described this case

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

  • upholding conviction on single count that charged two offenses where, based on trial evidence, “[tjhere [was] .,. no risk that the jury was not unanimous in its belief that Defendant [committed one offense and not the other]”
  • “Because defendant cannot demonstrate prejudice, he cannot show plain error, and we need not consider whether the indictment was duplicitous.” (footnote omitted)
  • “a verdict rendered by a less-than-unanimous jury violates a defendant’s Sixth Amendment rights by a harm that arises from the trial itself.”
  • summarily resolving jury instruction question along with duplicitous question when the defendant “does not suggest any reason why a special unanimity instruction was necessary that is independent of [the] argument that the indictment was duplicitous”

Source: CourtListener parenthetical corpus (CC0).

Judges: Kennedy, Batchelder, Clay

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.