Giving Allen charge to individual juror is impermissibly coercive
TRIAL United States v. Zabriskie, No. 02-4225, ___ F.3d ___ (10th Cir. Jul. 14, 2005)(Utah). Appeal of district court’s denial of motion for new trial for concealing and harboring fugitive in violation of 18 U.S.C. § 1071. HELD: Giving Allen instruction to individual juror to encourage divided jury to agree on verdict is impermissibly coercive and violates defendant’s rights to due process and Sixth Amendment right to impartial jury trial and unanimous verdict. Read the opinion here. |
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