Brian Parker v. Larry Small

PER CURIAM Opinion; Concurrence by Judge THOMAS.

OPINION

The right of an accused to have his case heard before a jury of his peers is a hallmark of our criminal justice system. The jury’s verdict is of paramount importance in concluding the accused’s case. Accordingly, the Supreme Court has permitted trial judges to give extra instructions to deadlocked juries in the hope of encouraging, but not coercing, a jury verdict. See Allen v. United States, 164 U.S. 492, 17 S.Ct. 154, 41 L.Ed. 528 (1896); Lowenfield v. Phelps, 484 U.S. 231, 108 S.Ct. 546, 98 L.Ed.2d 568 (1988); Early v. Packer, 537 U.S.…