8th Circuit decides N.D. case Tuesday, February 21, 2023

The United States Court of Appeals for the Eighth Circuit has issued an opinion in a North Dakota case.

In United States v. Poitra the court explained that the district court gave a general unanimity instruction, and the failure to give a specific unanimity instruction under 18 U.S.C. Sec. 2241(c) was not plain error; certain statements were not hearsay, but even if they were, any error in admitting them was harmless; admission of testimony from a forensic examiner was not error; while it is a close call whether the government's closing argument shifted the burden of proof and distorted defendant's case, the evidence of guilt was strong, and the court would not reverse under a plain error standard of review.

Read the court's opinion at: http://media.ca8.uscourts.gov/opndir/23/02/213262P.pdf