allen-charge

9 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
24-7462 Henry Weaver v. United States Fifth Circuit 2025-06-18 Denied Response WaivedIFP allen-charge due-process evidence-rule fifth-amendment grand-jury lay-opinion 1. This Court has decided that the judicial system must take a "hands-off" approach to grand jury proceedings, and as a result, criminal defendants ha…
24-6940 Tam Q. Le v. Tim Hooper, Warden Fifth Circuit 2025-04-08 Denied Response WaivedIFP allen-charge constitutional-rights fifth-amendment fourteenth-amendment non-unanimous-jury sixth-amendment 1. Reasonable jurists would determined that the trial court committed error in providing an Allen charge to the jury when they advised a deadlock and …
23-7725 Jimmie Lee Walton v. United States Fifth Circuit 2024-06-14 Denied Response WaivedIFP abuse-of-discretion allen-charge coercion court-of-appeals criminal-procedure Did the Court of Appeals abuse it's discretion in Did the Court of Appeals abuse its discretion in a directed-verdict double-jeopardy due-process fifth-circuit habeas-corpus harmless-error ineffective-assistance ineffective-assistance-of-counsel judgment-of-acquittal judicial-discretion jury-instructions mistrial motion-for-acquittal right-to-counsel sixth-amendment standard-of-review sufficiency-of-evidence Did Walton receive effective assistance of counsel? Did the Court of Appeals abuse its discretion in affirming the District Courts denial of the moti…
22-6606 Henry Zabala-Zorilla v. Joseph Terra, Superintendent, State Correctional Institution at Phoenix, et al. Third Circuit 2023-01-23 Denied Response WaivedIFP allen-charge civil-rights criminal-procedure due-process equal-protection fourteenth-amendment ineffective-assistance-of-counsel jury-instruction reversible-error supplemental-instruction Does the Fourteenth Amendment equal protection laws require a state judge be found to commit reversible error to give a supplemental charge - or an "A…
21-5303 William Pruitt v. United States Eleventh Circuit 2021-08-06 Denied Response WaivedIFP allen-charge burden-of-proof criminal-procedure due-process judicial-error judicial-instruction jury-coercion jury-deadlock jury-instructions retrial trial-procedure I. WHETHER THE APPEALS COURT ERRED IN AFFIRMING THE USE OF ITS PATTERN MODIFIED "ALLEN" CHARGE WITH A DEADLOCKED JURY, EXPRESSLY REFERENCING THE TIME,…
20-7861 Razhden Shulaya v. United States Second Circuit 2021-04-27 Denied Response WaivedIFP allen-charge civil-rights criminal-procedure due-process judicial-discretion jury-coercion jury-deliberation jury-deliberations jury-instructions right-to-counsel sixth-amendment 1. Should certiorari be granted to find that, when a jury bullies a holdout juror, the District Court should issue an Allen charge, in which it instru…
19-906 Philip N. Antico v. United States Eleventh Circuit 2020-01-22 Denied allen-charge circuit-court-conflict constitutional-rights criminal-procedure due-process fundamental-due-process fundamental-rights jury-instruction jury-instructions retrial-cost retrial-costs Is a criminal defendant's fundamental constitutional rights violated by an Allen charge that instructs a deadlocked jury to consider the expense of a …
18-9836 Dwight Brown v. United States Fourth Circuit 2019-06-27 Denied Response WaivedIFP allen-charge coercion coercive-instruction criminal-procedure double-jeopardy due-process judicial-discretion jury-deliberation jury-deliberations mistrial verdict-review 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 …
18-8232 Jesus Rosales v. Texas Texas 2019-03-04 Denied IFP 6th-amendment allen-charge coercion criminal-procedure due-process judicial-discretion jury-deliberation jury-instruction jury-instructions trial-procedure AT WHAT POINT SHOULD A COURT GRANT DEFENSES REQUEST FOR AN ALLEN CHARGE, SO THAT THE LACK OF ONE, IN IT'S SELF DOES NOT BECOME COERCIVE?