Allen Instruction
In April of 2009, a jury found defendant Corey Cornelius guilty of conspiracy to violate the Racketeer Influenced and Corrupt Organizations Act (“RICO”), conspiracy to distribute crack cocaine, and conspiracy to distribute marijuana. United States v. Cornelius, 10-3125, 2012 WL 4075877, at *3 (10th Cir. Sept. 18, 2012). On appeal, one of Cornelius’s many arguments was that “the district court erred by giving the jury an Allen instruction after the jury advised the court it was deadlocked on certain counts.” Id. at *1.
During the jury deliberation in Cornelius’s trial, the jury came to a deadlock on eighteen of the thirty-four counts brought against him. Id. at *8. Thus, the judge issued an Allen instruction, which instructs jurors to “try again.” Id. In other words, the Allen instruction is a supplemental instruction given to a jury that is divided in order to ecourage the jury to agree on a verdict as to avoid a mistrial. Cornelius argues on appeal that the Allen instruction was improperly coercive and violated his right to a fair, impartial jury. Id.
The Tenth Circuit found that the length of the post-instruction deliberation, six days, supports that the further deliberation negates an inference of improper coercion. Id. at 10.
For more information regarding Allen instructions contact Dionne or Lindsey at 913.948.9490.
In April of 2009, a jury found defendant Corey Cornelius guilty of conspiracy to violate the Racketeer Influenced and Corrupt Organizations Act (“RICO”), conspiracy to distribute crack cocaine, and conspiracy to distribute marijuana. United States v. Cornelius, 10-3125, 2012 WL 4075877, at *3 (10th Cir. Sept. 18, 2012). On appeal, one of Cornelius’s many arguments was that “the district court erred by giving the jury an Allen instruction after the jury advised the court it was deadlocked on certain counts.” Id. at *1.
During the jury deliberation in Cornelius’s trial, the jury came to a deadlock on eighteen of the thirty-four counts brought against him. Id. at *8. Thus, the judge issued an Allen instruction, which instructs jurors to “try again.” Id. In other words, the Allen instruction is a supplemental instruction given to a jury that is divided in order to ecourage the jury to agree on a verdict as to avoid a mistrial. Cornelius argues on appeal that the Allen instruction was improperly coercive and violated his right to a fair, impartial jury. Id.
The Tenth Circuit found that the length of the post-instruction deliberation, six days, supports that the further deliberation negates an inference of improper coercion. Id. at 10.
For more information regarding Allen instructions contact Dionne or Lindsey at 913.948.9490.
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