Skip to main content
· 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 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.