(DOWNLOAD) "US Ecology, Inc. v. State" by Fourth Appellate District Division One State of California Court of Appeal ~ Book PDF Kindle ePub Free
eBook details
- Title: US Ecology, Inc. v. State
- Author : Fourth Appellate District Division One State of California Court of Appeal
- Release Date : January 25, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 81 KB
Description
Confronting a "perfect storm" of prejudicial legal error, we face, yet again, the consequences of the inexplicable reluctance of a prosecutor to request, and a trial court to give, a unanimity instruction when there is a risk that the defendant will be convicted even though there is no agreement among the jurors as to which act constituting the crime defendant committed. Here, the result is not only a reversal of the one count defendant was convicted of committing, but also a likely dismissal of charges should the prosecutor elect to retry the defendant. In arriving at our conclusions, we address when a specific acts unanimity instruction should be given, the standard of review to use in measuring any prejudice caused by the failure to give such an instruction, and the procedure to follow upon retrial if defendant enters a plea of once in jeopardy.
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