· 12/30/2005
United States v. Kenneth Southwell
Citations
- 432 F.3d 1050
- 2005 U.S. App. LEXIS 29012
- 2005 WL 3556911
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing “it is not always possible, when instructing the jury, to anticipate every question that might arise during deliberations”
- noting that “[t]he failure to properly instruct the jury on the unanimity requirement was constitutional error”
- discussing how “[t]he jury could reasonably have read the [unanimity] instructions one of two ways” and that “referring the jury back to the instructions did nothing to clear up the ambigu- ity”
- “Failure to provide the jury with a clarifying instruction when it has identified a legitimate ambiguity in the original instructions is an abuse of discretion”
- “Failure to provide the jury with a clarifying instruction when it has identified a legit- imate ambiguity in the original instructions is an abuse of dis- cretion.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Alarcón, Kozinski, Kleinfeld
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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