Thread: Appeals
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Old 06-09-2008, 10:14 PM
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Default Re: Appeals

I think what you are referring to is the Allen Charge? That is when the dissenting jurors are told by the judge to re-examine their opinions. Its kind of a last ditch effort to force the jury to come to a verdict to avoid a mistrial. I don’t believe it is allowed in all jurisdictions however. Like you, I’m no attorney. Sine it is permissible, I don’t think it is cause for an appeal because very often, the jury STILL remains hung. Usually someone is holding out. They are hopelessly deadlocked in a situation like that. There have also been instances with jurors becoming physically violent with each other, arguing, throwing pens (yes throwing pens) and threatening each other. There was a female juror who was afraid to go to the bathroom because she thought the foreman would come after her down the hallway. Heheheh. It can become that contentious. Usually that happens during sequestration when they are exhausted.

I imagine there can be many reasons he does not want to go through with an appeal. It’s a very difficult/frightening/pain staking process. Have you tried speaking with an attorney on his behalf? A consult probably won’t hurt. Perhaps you can ask for a change of venue for this appeal if you are worried that the current conditions will be unfair. Just an idea.
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