Wednesday, February 07, 2007
Allen charge is not required to be given when a juror retracts her verdict during polling
In State v. Kelly, after the jury rendered a verdict of guilty, one juror during the polling process expressed discomfort with the verdict. The trial judge sent the jurors back to the jury room to continue deliberations. The defense moved for a mistrial and argued that a full Allen charge should be given. The panel indicated that because the juror did not indicate that she was coerced into voting for a guilty verdict, nor did she indicate that the jury was hopelessly deadlocked, a mistrial was not required. As for the Allen charge, the panel held that there is no case law requiring or suggesting that an Allen charge be given when a juror retracts her verdict during polling.
Posted by william at 7:28 AM