Allen Charge Needn’t Inform Jury That Deadlock Will Result in Mistrial

A trial judge may, but isn’t required to, instruct a deadlocked jury that a mistrial will result if it can’t reach a verdict, the Colorado Supreme Court held June 30 in a pair of cases. (Gibbons v. People, Colo., No. 11SC792 and Fain v. People, Colo., No. 12SC46)

A mandatory mistrial instruction is contrary to Colorado precedent and will often amount to the coercion of a verdict, something the courts have been trying to avoid by modifying the original “dynamite” instruction, the court said. It overruled a case that assumed a trial court should give a mistrial advisement ...