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Home / Opinion Digests / Criminal Law / No ‘Guilt’ Finding in Jury Special Verdict (access required)

No ‘Guilt’ Finding in Jury Special Verdict (access required)

Although a jury explicitly found that the five-inch shank a federal inmate possessed was a prohibited  “weapon,” the jury was not asked for a verdict of “guilty” or “not guilty,” denying defendant his constitutional right to have a jury determination of his guilt beyond a reasonable doubt; the 4th Circuit vacates his conviction and 33-month ...