The following excerpt is from Valdivia v. Frauenheim, No. 2:14-CV-2097 TLN DB P (E.D. Cal. 2016):
United States v. McCaleb, 552 F.3d 1053, 1057-58 (9th Cir. 2009). None of these scenarios arose in this case. The challenged remarks were made by the prosecutor and not the judge. The judge's instructions did not state or imply that the jurors could not simply announce they had failed to reach an agreement. The jury was specifically advised to disregard remarks by the attorneys that conflicted with the judge's instructions. Under these circumstances, petitioner is unable to show that the prosecutor's remarks improperly coerced the jury to reach a verdict.
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