Privacy
1. In the case below, the district court, upon motion by one defense counsel, granted a mistrial after a jury had been deadlocked and an Allen charge had been given. After some confusion between defense counsel after one of them requested that the court consider allowing the jury more time to deliberate, the district court reversed course and gave the jury an additional, informal Allen charge and ordered them to resume deliberations, resulting in audible cries from the jury room, a guilty verdict within fifteen minutes, and a juror present who had visibly just been crying. The first question presented is: Whether the district court erred or abused its discretion in reversing or rescinding its grant of mistrial below.
2. The second question presented is: Whether the district court's second Allen charge was improper or coercive, necessitating a vacating of the verdict below.
Whether the district court erred or abused its discretion in reversing or rescinding its grant of mistrial