CASE LAW UPDATE: Whether failure to give unanimity instruction was plain error?
Where a defendant challenged his conviction on three counts of a four count indictment for child abuse, with each count concerning a different child, the District Court erred by not giving a special unanimity instruction, which was plain error, so the conviction on that count is vacated, but the evidence was sufficient on the remaining counts to support the conviction for aggravated child abuse. Vacated and remanded in part, affirmed.
United States v. Keepseagle, 20-3626, Smith, J. Appealed from United States District Court, District of South Dakota.
Minneapolis Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.