Federal Defenders of New York Second Circuit Blog

Internally inconsistent verdict on a single count (involving a single defendant) requires dismissal

It is long settled that inconsistency between or among counts of conviction is not a ground for dismissal. See, e.g., Dunn v. United States, 284 U.S. 390, 393 (1932); and United States v. Powell, 469 U.S. 57, 61-69 (1984). The same rule applies to jury verdicts that are inconsistent as to different defendants in a … Read more