What is the test for reversal of a jury verdict in a sexual assault case?
The following excerpt is from U.S. v. Geibel, 369 F.3d 682 (2nd Cir. 2004):
some, but not all, of those members, the variance is subject to the harmless error rule." McDermott II, 277 F.3d at 242. In order to merit reversal, "the variance must have caused the defendant `substantial prejudice' at trial." Id. (internal quotation marks omitted). In evaluating substantial prejudice in this context, the essential question is whether the jury convicted the defendant "on evidence unrelated to his own alleged activity." United States v. Washington, 48 F.3d 73, 80 (2d Cir.1995). More specifically, a court will look at:
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