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Claim That Jury Instructed On Multiple Theories May Have Found Guilt On Invalid One Is Subject to Harmless Error Review

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Hedgpeth v. Pulido, No. 07-544 (U.S. Dec. 2, 2008) (per curiam) The opening paragraph of today's opinion from the Supreme Court sums up the decision tidily: A conviction based on a general verdict is subject to challenge if the jury was instructed on alternative theories of guilt and may have relied on an invalid one. See Stromberg v. California, 283 U. S. 359 (1931); Yates v. United States, 354

Full post as published by Fifth Circuit Blog on December 02, 2008 (boomark / email).

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