Genre: Information/Explanation

Jury Instruction Corner By Thomas Lundy Duplicity – Part Four Appellate Review of Specific Unanimity Claims This is the fourth installment of Jury Instruction Corner on duplicity and juror unanimity . The first article discussed the constitutional and statutory underpinnings of the doctrine , the second suggested a methodology for determining when a specific unanimity instruction may be necessary , and the third discussed juror unanimity issues in the context of predicate or preliminary facts . This final article will discuss issues related to appellate review of specific unanimity claims . 1 Cognizability and Standard of Review If trial counsel objected and / or made instruction requests that preserved the specific unanimity claim , then there should be no cognizability problem on appeal and typically it will be considered under the abuse of discretion standard . 2 However , even if the claim was not raised below , it may still be cognizable on appeal . Specific juror unanimity relates to the fairness of the trial and Want to read more ?