State v. Weidul

CLIFFORD, Justice,

with whom COLLINS, J., joins, dissenting.

I agree with the Court that the trial court should use the A.B.A. standard instructions for lengthy deliberations and apparently deadlocked juries. See State v. White, 285 A.2d 832, 838 (Me.1972). I disagree, however, that the trial court’s instructions in this case varied from the A.B.A. standards to such a degree that they constitute obvious error. Therefore, I respectfully dissent.

In instructing a jury that has demonstrated some difficulty in reaching a verdict, the court should encourage continued deliberation with a view to…