SC20456 - State v. Douglas C. (Five counts of risk of injury to a child in violation of §
53-21 (a) (2); “The defendant claims that counts one, five, and six were
duplicitous because each count charged him with a single violation of § 53-21
(a) (2), despite evidence at trial of multiple, separate incidents of conduct.
As a result, he argues that the trial court improperly declined to give the
jury a specific unanimity instruction as to these counts. We disagree and,
accordingly, affirm the judgment of the Appellate Court.”)
SC20504 - State v. Joseph V. (Sexual assault in the first degree; risk of injury to a
child; conspiracy to commit risk of injury to a child; “We now must apply our
holding in Douglas C. to the present case …The defendant claims that
each count was duplicitous because each count charged him with a single
violation of the underlying statute despite evidence at trial of multiple,
separate incidents of conduct, each of which could establish a violation of the
statute, thus creating the possibility that the jury found him guilty without
having unanimously agreed on which incident occurred. As a result, he argues
that the trial court’s failure to either grant his request for a bill of
particulars or a specific unanimity instruction violated his federal
constitutional right to jury unanimity. We agree with the defendant as to the
sexual assault count but disagree with him as to the risk of injury and conspiracy
counts. Accordingly, we reverse in part the Appellate Court’s judgment and
remand the case to that court with direction to remand the case to the trial
court for a new trial on the sexual assault count.”)