People v. Hardin

(for reversal). We are asked to refine further our decision in People v Sullivan, 392 Mich 324; 220 NW2d 441 (1974), in which we adopted, prospectively, ABA standard jury instruction 5.4 for use as supplemental instructions to deadlocked juries. In Sullivan, we renounced future use of the "Allen” charge, Allen v United States, 164 US 492; 17 S Ct 154; 41 L Ed 528 (1896); we adopted ABA standard jury instruction 5.4; and we asserted that "[a]ny substantial departure [from ABA standard jury instruction 5.4] shall be grounds for reversible error.” 392 Mich 341-342.

The opinion for affirmance…