Does a trial court's statement that it does not believe the jury is hopelessly deadlocked give the jury the impression the jury should convict defendant?

California, United States of America


The following excerpt is from People v. Torres, B256214 (Cal. App. 2016):

The trial court's statement here that it didn't believe the jury was hopelessly deadlocked did not give the impression the jury should convict defendant. In People v. Pride, for example, the trial court similarly said it " 'was not prepared to declare a mistrial at this time. It does not appear to me that the jury has come to a hopeless deadlock, counsel. Based upon the [jurors'] responses, I am going to ask the jury to

Page 16

continue their deliberations, and I would appreciate it if you would continue trying.' " (People v. Pride, supra, 3 Cal.4th at p. 264.) This was not coercive. (Id. at p. 266.)

Other Questions


In what circumstances will the Court reverse the conviction of defendant in the second-degree murder trial of a man convicted of the crime of murder for making false statements about the crime scene? (California, United States of America)
Is a defendant's claim that the trial court's failure to provide him with the means and subpoena witnesses to defend at trial a violation of his Sixth Amendment right to represent himself at trial reversible? (California, United States of America)
When a defendant makes a mid-trial motion to revoke his self represented status and have standby counsel appointed for the remainder of the trial, does the trial court have a duty to manage the trial? (California, United States of America)
What is the record of why defendant's trial counsel failed to object to the sentencing on the ground that the trial court improperly used defendant's religious beliefs as a basis for his sentence? (California, United States of America)
Can a defendant petition the court that entered a judgment of conviction to recall a conviction for a felony conviction that would have been a misdemeanor under section 1170.18 of the Penal Code? (California, United States of America)
In what circumstances have the courts found that statements made by a prosecutor at a federal criminal trial were not egregious enough to invalidate a defendant's conviction? (California, United States of America)
In what circumstances have the courts failed to instruct a jury that a defendant cannot be convicted based on out-of-court statements? (California, United States of America)
When a defendant's extrajudicial statements form part of the prosecution's evidence, does the trial court have to instruct sua sponte that a finding of guilt cannot be predicated on the statements alone? (California, United States of America)
Does Defendant have a claim that the trial court abused its discretion to treat Defendant as a "defendant" in a medical malpractice case? (California, United States of America)
Can a defendant bring an appeal to the Court of Appeal against a finding that the trial court wrongfully convicted him of assault? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.