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Appellant urges requirement for unanimity instruction when mental-state theories diverge
Summary
In Commonwealth v. Rennie, appellant counsel argued that when a single charge rests on distinct mental states (intentional vs. reckless), the jury must be given a specific-unanimity instruction and special-verdict slip; the Commonwealth countered that the SBI element and model jury instructions render the general-verdict approach appropriate.
The second argument of the March 2 oral session, Commonwealth v. Rennie, centered on whether jury unanimity requires special instructions when the prosecution advances different mental-state theories to prove the same statutory offense.
Chris Norris, counsel for the appellant, urged the panel to require specific-unanimity instructions and a special-verdict slip when a single statutory charge can be proved by distinct culpable mental states.…
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