Should Acquittals Require Unanimity?

SHERRY F. COLB

Cornell law professor Sherry F. Colb considers the policy question of whether, since the Constitution requires jury unanimity to convict a defendant of a serious crime, states should require a unanimous verdict to acquit a defendant, as well. Colb describes the reasons behind jury unanimity convictions and assesses whether they apply similarly to acquittals.

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DeRoy v. Carnival Corp.

Docket: 18-12619

Opinion Date: June 30, 2020

Judge: Rosenbaum

Areas of Law: Admiralty & Maritime Law, Civil Procedure, Personal Injury

After injuring her foot on a rug while onboard a Carnival ship, plaintiff filed suit against Carnival in both state and federal court, seeking damages for the injuries she allegedly suffered onboard the ship. In this case, plaintiff entered into a contract with Carnival that contained a forum-selection clause. Under the forum-selection clause's plain language, when jurisdiction for a claim could lie in federal district court, federal court is the only option for a plaintiff. The court held that plaintiff's claim for negligence at sea falls well within the walls of the federal court's admiralty jurisdiction. Even without explicitly invoking admiralty jurisdiction, the court held that plaintiff's complaint is subject to Federal Rule of Civil Procedure 9(h)'s provision rendering her claim an admiralty or maritime claim.

United States v. Clotaire

Docket: 17-15287

Opinion Date: June 30, 2020

Judge: Grant

Areas of Law: Criminal Law, White Collar Crime

The Eleventh Circuit affirmed defendant's conviction for conspiracy to commit access device fraud, access device fraud, and aggravated identity theft. Defendant's conviction stemmed from his involvement, with his brother, in fraudulently using identities to collect unemployment benefits and to intercept preloaded debit cards he and his brother had requested while posing as residents on his brother's mail delivery route. Defendant raised numerous claims of error on appeal. The court rejected defendant's challenges to the admissibility of the images derived from surveillance video taken by PNC Bank ATMs on three fronts; the district court did not abuse its discretion by improperly limiting defendant's ability to present a full and fair defense; there was no error in admitting the lay identification testimony; there was no error in admitting defendant's booking photograph; and there was no cumulative error.

Noble v. Commissioner of Social Security

Docket: 18-13817

Opinion Date: June 30, 2020

Judge: Jill Pryor

Areas of Law: Public Benefits

The Eleventh Circuit affirmed the denial of social security disability benefits to plaintiff. The court rejected plaintiff's claim that the ALJ erred in finding that plaintiff was not disabled because the ALJ failed to appropriately consider the VA's determination that plaintiff was unable to work due to a disability and thus entitled to veterans' benefits. Rather, the court held that the ALJ's decisions demonstrates that he considered the VA's determination. The court also held that substantial evidence, including recent medical records that postdate the VA's decision, supported the ALJ's rejection of the VA's disability decision as determinative of whether plaintiff was disabled for Social Security purposes.