Burchette v. State

SEARS, Presiding Justice.

We granted certiorari in this case to consider whether a portion of this State’s pattern Allen charge is accurate and should continue to be used. For the reasons that follow, we conclude that the portion of the charge in question is inaccurate and should no longer be given by trial courts. However, we also conclude that, considering the Allen charge as a whole, it was not impermissibly coercive. Accordingly, we affirm Burchette’s conviction.

Following the trial court’s charge, the jury began its deliberations of Burchette’s case at 11:45 a.m. At 2:45 p.m., the jury…