Legal Opinion

United States v. Evanston

Court of Appeals for the Ninth Circuit

Decided July 5, 2011No. 10-10159PublishedCited by 19 opinions

1Opinion of the Court

OPINION

HAWKINS, Senior Circuit Judge:

In a case of first impression, we examine whether a district court may, over defense objection and after the administration of an unsuccessful Allen 1 charge, inquire into the reasons for a trial jury’s deadlock and then permit supplemental argument focused on those issues, where the issues in dispute are factual rather than legal. We conclude that allowing such a procedure in a criminal trial is an abuse of the discretion accorded district courts in the management of jury deliberations.

I. Facts & Trial Proceedings

Defendant Calvin Bryan Evanston…

2Cases cited46 opinions

  1. United States v. OlanoSupreme Court of the United States · 1993
  2. Duncan v. LouisianaSupreme Court of the United States · 1968
  3. Sullivan v. LouisianaSupreme Court of the United States · 1993
  4. Allen v. United StatesSupreme Court of the United States · 1896
  5. Renico v. LettSupreme Court of the United States · 2010

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3Cited by19 opinions

  1. Bell v. UribeCourt of Appeals for the Ninth Circuit · 2013
  2. United States v. Timothy R. ThomasCourt of Appeals for the D.C. Circuit · 2013
  3. United States v. Citlalli FloresCourt of Appeals for the Ninth Circuit · 2015
  4. United States v. Jesus Alvarez-UlloaCourt of Appeals for the Ninth Circuit · 2015
  5. United States v. Della PortaCourt of Appeals for the Ninth Circuit · 2011

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