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Applying Plain Error, Conviction for Assault with Serious Bodily Injury Affirmed Despite Possible Jury Confusion

By Shari Allison

U.S. v. Poole, 2008 WL 4756164 (10/31/08) (Published) - The jury found the defendant guilty of both the charged offense of assault resulting in serious bodily injury and the lesser-included offense of simple assault, even though the jury was instructed not to consider the defendant's guilt of the lesser offense if it could unanimously find the defendant guilty of the greater offense. When the court received the verdict, it declared in front of the jury that the simple assault conviction was a "nullity." The court then polled each juror asking "Is this your verdict?" All the jurors answered yes to that question. When asked if the defendant wanted to argue anything before the jury was discharged, defense counsel said "no." After the jury was discharged, defense counsel moved for a mistrial on the grounds that the verdict was ambiguous...continue to full post

Full post as published by Tenth Circuit Blog on November 04, 2008 (boomark / email).