Toyota of Berkeley v. Automobile Salesmen's Union, Local 1095

How later courts describe this case

• single defendant concedes he filed no tax returns for three years; since only issue is his intent, general unanimity charge sufficed
• distinguishing Payseno and applying the general rule because the different acts on which the jury could convict in Payseno were so divergent
• a general instruction on unanimity is sufficient to ensure that a unanimous verdict is reached
• possibility of jury disagreement over whether defendant failed to make income tax returns, failed to pay income tax, or concealed or attempted to conceal income did not require specific unanimity instruction
• photo array in which the accused's photo was the only one in black and white and was the only Caucasian, while the others were color photos of Hispanic men, was impermissibly suggestive