The Appellate Group

State v. Kitzmiller

State v. Kitzmiller, 2021 UT App 87 (Appleby, S.J.)


After Defendant’s girlfriend’s newborn died, a medical examiner discovered various injuries on the baby’s body. Defendant was charged and found guilty of two counts of child abuse. He was also acquitted of a charge of child abuse and a murder charge. On appeal, Defendant’s arguments included that the jury should have been given a separate unanimity instruction, instructing that the jury must be in unanimous agreement on which injuries were the basis for each charged crime. The Utah Court of Appeals affirmed, holding:

  • The Information specified the alleged injury caused by Defendant that corresponded with each count for two of the counts of child abuse. Although the final count listed multiple injuries, any combination of two or more of which constituted the requisite “serious physical injury” required to convict, the general instruction that “every single juror must agree with the verdict” was sufficient to ensure that all jurors unanimously agreed on which two or more of the listed injuries supported guilt.

Read the full court opinion