State v. Kerri Nicholas

¶ 1. Defendant was convicted of one count of domestic assault, in violation of 13 V.S.A. § 1042, and one count of cruelty to a child, in violation of 13 V.S.A. § 1304. On appeal, he argues that the child-cruelty conviction should be reversed because the trial court’s jury instructions allowed for a nonunanimous verdict, and that the State’s conduct during the trial created a risk of undue prejudice with respect to both counts. We affirm.

¶ 2. The evidence presented at trial involved multiple injuries to E.P, the victim, over a few weeks between early September and mid-October of 2012. E.P.’s…