Bailey v. State

SULLIVAN, Justice.

We reaffirm that the proper procedure when the jury is apparently deadlocked is for the trial court to call the jury back into open court in the presence of all parties and their counsel and reread all instructions given to them prior to their deliberations, without emphasis on any of them and without further comment. Lewis v. State, 424 N.E.2d 107 (Ind.1981).

Background

During jury deliberations in defendant Daniel Bailey's trial for murder 1 and carrying a handgun without a license,2 the jury sent the trial court the following note: "What happens if we cannot come to a…