April 12, 2013

Failure-to-poll-jury opinion filing Monday

The Supreme Court announced that it will file its opinion Monday in People v. Anzalone, which was argued in February.

The issues in Anzalone are: (1) Did the trial court err by failing to obtain the jury’s oral assent to the verdicts, and if so, was the error structural and thus reversible per se, or subject to harmless error analysis? (2) If the latter, was the error prejudicial? (3) If the former, does double jeopardy bar retrial?

The opinions can be viewed online beginning at 10:00 a.m. Monday morning.

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