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3rd DCA ROUNDUP

By "Captain Liberty" and "Rumpole"

If it's sometime after Wednesday, it's time for our (semi) regular perusal of the opinions emanating from somewhere down south and right near the Fair/Carnival grounds. Location coincidence? We say not. Nottage v. State, stands for the proposition not being sure as a juror still means you can find someone guilty for murder. Poor Nottage was tried for murder, kidnapping and a bunch of other charges. The jury sent out a note it was deadlocked. The Judge read them the infamous "Allen Charge." The Jury was still deadlocked. Crafty Judge Jimenez sent them home (rather than reading a second Allen charge) and therein lies the hook upon which the 3rd hung their affirmation of the verdict. While the case law is clear that successive Allen charges are improper to the point of being impermissible,   (the 4th DCA calls giving the Allen charge "crossing the river of no return" Washington v...continue to full post

Full post as published by Justice Building Blog on May 20, 2009 (boomark / email).