CASE LAW UPDATE: Whether a unanimous verdict is not required in a malicious punishment of child case?
Defendant was convicted of malicious punishment of child. At trial, the evidence was that defendant’s girlfriend’s 11 month old son because unconscious, lethargic, and covered with multiple mysterious bruises in locations atypical for his age. Defendant appealed. On appeal, defendant argued that his conviction was improper due to the lack of a unanimity instruction. The Minnesota Court of Appeals held that the crime of malicious punishment does not require a unanimity instruction.
State v. Schwendeman, A20-0762, Morrison County.
Minneapolis Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.