How have courts interpreted modified unanimity instruction in medical malpractice cases?
California, United States of America
The following excerpt is from People v. Carbajal, C084752 (Cal. App. 2020):
People v. Matute (2002) 103 Cal.App.4th 1437 is instructive when considering the impact of failing to give a modified unanimity instruction when the evidence used is generic in nature and the defense proffered is that the complaining witness is not credible.
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