State v. Carriker

ROY L. RICHTER, Chief Judge.

Donald Howard Carricker (“Defendant”) appeals the trial court’s denial of his motion for a new trial. We affirm.

I. BACKGROUND

Defendant was convicted on two counts of second-degree statutory sodomy. The jury deliberated for almost three hours before sending the judge a question asking, “If hung jury, will Defendant be retried?” The judge brought the jury into the courtroom and answered the question. At the same time, the judge, over Defendant’s objection, sua sponte submitted MAI-CR 3d 312.10 (“the hammer instruction”) to the jury and instructed them to resume…