State v. Santiago

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The Supreme Court affirmed Defendant’s conviction for sexual intercourse without consent, holding that the district court did not abuse its discretion in giving the deadlocked jury an Allen-instruction.During Defendant’s second jury trial, the jury sent a note to the judge six hours into deliberation asking when it could determine it was deadlocked because the jurors were unable to agree on a verdict. The State requested the revised Allen-instruction in State v. Norquay, 248 P.3d 817 (Mont. 2011). Defendant objected, requesting that the judge accept the jury as deadlocked because the six-hour deliberation indicated that the jury had diligently considered the case. The court overruled the objection and gave the jury an instruction nearly identical to Norquay’s revised Allen-instruction. The Supreme Court affirmed, holding that Norquay’s revised Allen-instruction was appropriately given because it was not coercive. View "State v. Santiago" on Justia Law