· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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