CONVICTION OVERTURNED GA - Diane McIver, 63, Fatally Shot, Atlanta, 25 Sept 2016 *husband arrested* #2
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YESorNO
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Traditional Allen Charge
You are instructed that in a large proportion of cases, absolute certainty cannot be expected. Although the verdict must be the verdict of each individual juror and not mere acquiescence in the conclusion of other jurors, each juror should show a proper regard to the opinion of the other jurors.
You should listen, with a disposition to be convinced, to the arguments of the other jurors. If a larger number of jurors are for deciding the case one way, those in the minority should consider whether they are basing their opinion on speculation or surmise and not on the evidence in the case, keeping in mind the impression the evidence has made on a majority of the other jurors, who are as equally honest and intelligent as those in the minority.
Also bear in mind that if you do not reach a verdict in this case, a mistrial will be granted. The case can be tried again to a different jury, but the next jury will be in no better position to decide the case than you are.
Therefore, you are instructed that it is your duty to decide the case if you can conscientiously do so. You will now retire and continue your deliberations.
Annotations:
The charge is a slightly modified version of that found in 8 Michael J. McCormick, et al., Texas Practice: Texas Criminal Forms and Trial Manual § 99.33 (2005).
Allen v. United States, 164 U.S. 492, 17 S.Ct. 154, 41 L.Ed. 528 (1896) (authorizing paragraphs one and two of the foregoing instructions); Arrevalo v. State, 489 S.W.2d 569, 571-572 (Tex. Crim. App. 1985) (authorizing the foregoing instructions regarding mistrial and retrial).
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Allen v. United States (1896)
https://en.wikipedia.org/wiki/Allen_v._United_States_(1896)
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You are instructed that in a large proportion of cases, absolute certainty cannot be expected. Although the verdict must be the verdict of each individual juror and not mere acquiescence in the conclusion of other jurors, each juror should show a proper regard to the opinion of the other jurors.
You should listen, with a disposition to be convinced, to the arguments of the other jurors. If a larger number of jurors are for deciding the case one way, those in the minority should consider whether they are basing their opinion on speculation or surmise and not on the evidence in the case, keeping in mind the impression the evidence has made on a majority of the other jurors, who are as equally honest and intelligent as those in the minority.
Also bear in mind that if you do not reach a verdict in this case, a mistrial will be granted. The case can be tried again to a different jury, but the next jury will be in no better position to decide the case than you are.
Therefore, you are instructed that it is your duty to decide the case if you can conscientiously do so. You will now retire and continue your deliberations.
Annotations:
The charge is a slightly modified version of that found in 8 Michael J. McCormick, et al., Texas Practice: Texas Criminal Forms and Trial Manual § 99.33 (2005).
Allen v. United States, 164 U.S. 492, 17 S.Ct. 154, 41 L.Ed. 528 (1896) (authorizing paragraphs one and two of the foregoing instructions); Arrevalo v. State, 489 S.W.2d 569, 571-572 (Tex. Crim. App. 1985) (authorizing the foregoing instructions regarding mistrial and retrial).
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Allen v. United States (1896)
https://en.wikipedia.org/wiki/Allen_v._United_States_(1896)
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YESorNO
The Queen (aka "mrsmuir") SWBB
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11Alive News@11AliveNews
4m4 minutes ago
Judge going back and forth with attorneys regarding language of "Allen Charge" before presenting it to jury. Charge is essentially speech strongly insisting the jury go back and reach a verdict. http://on.11alive.com/2HnoYUC #texmciver
4m4 minutes ago
Judge going back and forth with attorneys regarding language of "Allen Charge" before presenting it to jury. Charge is essentially speech strongly insisting the jury go back and reach a verdict. http://on.11alive.com/2HnoYUC #texmciver
YESorNO
The Queen (aka "mrsmuir") SWBB
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Mike Petchenik@MPetchenikWSB
2m2 minutes ago
BREAKING NEWS: Jurors deadlocked in the #TexMcIver trial.
(video clip https://twitter.com/twitter/statuses/988460128910434304...)
11Alive News@11AliveNews
2m2 minutes ago
FYI: The one charge the jury doesn't appear to be deadlocked on is for possession of a firearm during the commission of a felony. http://on.11alive.com/2HnoYUC #TexMciver #11Alive
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2m2 minutes ago
BREAKING NEWS: Jurors deadlocked in the #TexMcIver trial.
(video clip https://twitter.com/twitter/statuses/988460128910434304...)
11Alive News@11AliveNews
2m2 minutes ago
FYI: The one charge the jury doesn't appear to be deadlocked on is for possession of a firearm during the commission of a felony. http://on.11alive.com/2HnoYUC #TexMciver #11Alive
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YESorNO
The Queen (aka "mrsmuir") SWBB
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Esther Panitch@epanitch
10m10 minutes ago
1) #TexMcIver Boom goes the Dynamite aka Allen charge? Here is the pattern jury instruction: (Hung Jury)Your verdict must be unanimous. You have been deliberating this case for a considerable length of time, and the court deems it proper to advise you further in regard...
Esther Panitch@epanitch
8m8 minutes ago
2) #TexMcIver ... to the desirability of agreement if possible.
The case has been exhaustively and carefully tried by both sides. It has been submitted to you for decision and verdict, if possible, rather than for disagreement. It is the law that a unanimous verdict is required.
Esther Panitch@epanitch
6m6 minutes ago
3)#TexMcIver While this verdict must be the conclusion of each juror and not a mere acquiescence in order to reach an agreement, it is still necessary for all the jurors to examine the issues and questions submitted with candor and fairness and with a proper regard for,...
Esther Panitch@epanitch
6m6 minutes ago
4) #TexMcIver ..and deference to, the opinion of the others.Each juror should listen to the arguments of other jurors with a disposition to be convinced by them. If you differ in your views of the evidence, such difference of opinion should cause you to scrutinize the evidence...
Esther Panitch@epanitch
3m3 minutes ago
5) #TexMcIver...more closely and to reexamine the grounds of your opinions. Your duty is to decide the issues of fact that have been submitted to you, if you can do so conscientiously. In conferring, you should lay aside all mere pride of opinion and should bear in mind that...
Esther Panitch@epanitch
57s57 seconds ago
6) #TexMcIver ...the jury room is no place to champion either side of a cause. As jurors, you should not be advocates. The aim to keep in mind is the truth as it appears from the evidence, examined in light of the courts instructions...
Esther Panitch@epanitch
3m3 minutes ago
7) #TexMcIver ...You will again retire to your jury room for a reasonable time and examine your differences in a spirit of fairness and try to arrive at a verdict...
Esther Panitch@epanitch
2m2 minutes ago
8) #TexMcIver ... Spaulding v. State, 232 Ga. 411 (1974)
Ratcliff v. Ratcliff, 219 Ga. 545 (1964)
Allen v. United States, 164 U.S. 492 (17 S.C. 154, 41 L. Ed. 528) (1896)
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10m10 minutes ago
1) #TexMcIver Boom goes the Dynamite aka Allen charge? Here is the pattern jury instruction: (Hung Jury)Your verdict must be unanimous. You have been deliberating this case for a considerable length of time, and the court deems it proper to advise you further in regard...
Esther Panitch@epanitch
8m8 minutes ago
2) #TexMcIver ... to the desirability of agreement if possible.
The case has been exhaustively and carefully tried by both sides. It has been submitted to you for decision and verdict, if possible, rather than for disagreement. It is the law that a unanimous verdict is required.
Esther Panitch@epanitch
6m6 minutes ago
3)#TexMcIver While this verdict must be the conclusion of each juror and not a mere acquiescence in order to reach an agreement, it is still necessary for all the jurors to examine the issues and questions submitted with candor and fairness and with a proper regard for,...
Esther Panitch@epanitch
6m6 minutes ago
4) #TexMcIver ..and deference to, the opinion of the others.Each juror should listen to the arguments of other jurors with a disposition to be convinced by them. If you differ in your views of the evidence, such difference of opinion should cause you to scrutinize the evidence...
Esther Panitch@epanitch
3m3 minutes ago
5) #TexMcIver...more closely and to reexamine the grounds of your opinions. Your duty is to decide the issues of fact that have been submitted to you, if you can do so conscientiously. In conferring, you should lay aside all mere pride of opinion and should bear in mind that...
Esther Panitch@epanitch
57s57 seconds ago
6) #TexMcIver ...the jury room is no place to champion either side of a cause. As jurors, you should not be advocates. The aim to keep in mind is the truth as it appears from the evidence, examined in light of the courts instructions...
Esther Panitch@epanitch
3m3 minutes ago
7) #TexMcIver ...You will again retire to your jury room for a reasonable time and examine your differences in a spirit of fairness and try to arrive at a verdict...
Esther Panitch@epanitch
2m2 minutes ago
8) #TexMcIver ... Spaulding v. State, 232 Ga. 411 (1974)
Ratcliff v. Ratcliff, 219 Ga. 545 (1964)
Allen v. United States, 164 U.S. 492 (17 S.C. 154, 41 L. Ed. 528) (1896)
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YESorNO
The Queen (aka "mrsmuir") SWBB
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Mike Petchenik@MPetchenikWSB
4m4 minutes ago
Attorneys are still arguing about the wording the judge should read to the jurors in his #Allencharge. #TexMcIver.
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Judge is going to give the Allen charge after lunch- back @ 2:00
4m4 minutes ago
Attorneys are still arguing about the wording the judge should read to the jurors in his #Allencharge. #TexMcIver.
----
Judge is going to give the Allen charge after lunch- back @ 2:00
Too much thinking (or reading) over the weekend?
YESorNO
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Jurors deadlocked on several charges in Tex McIver trial
".... The judge now plans to send them back to keep deliberating....
Those charges include malice murder, felony murder, aggravated assault with a deadly weapon and influencing witnesses. Charge 4, which jurors did not mention, is possession of a firearm during the commission of a felony....
Jurors began deliberations at 9 a.m. Monday and around 10:30 a.m. sent the three following questions to the judge:
1. How does intent affect the charge of aggravated assault with a deadly weapon?
2. For an assault to occur does their need to be intent to cause violent injury or just an action that causes violent injury?
3. Misleading conduct: Does this mean the person who is subjected to the event needs to be tricked into performing the event or does it mean the subject just needs to be asked to do or say something?
Around 12:15 p.m. they told the judge they cannot reach a consensus.
The jury is considering five criminal counts, including felony murder, malice murder, influencing a witness and more..."
https://www.wsbtv.com/news/local/at...-drag-on-in-tex-mciver-murder-trial/736881211
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".... The judge now plans to send them back to keep deliberating....
Those charges include malice murder, felony murder, aggravated assault with a deadly weapon and influencing witnesses. Charge 4, which jurors did not mention, is possession of a firearm during the commission of a felony....
Jurors began deliberations at 9 a.m. Monday and around 10:30 a.m. sent the three following questions to the judge:
1. How does intent affect the charge of aggravated assault with a deadly weapon?
2. For an assault to occur does their need to be intent to cause violent injury or just an action that causes violent injury?
3. Misleading conduct: Does this mean the person who is subjected to the event needs to be tricked into performing the event or does it mean the subject just needs to be asked to do or say something?
Around 12:15 p.m. they told the judge they cannot reach a consensus.
The jury is considering five criminal counts, including felony murder, malice murder, influencing a witness and more..."
https://www.wsbtv.com/news/local/at...-drag-on-in-tex-mciver-murder-trial/736881211
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turaj
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the jury sounds frankly all over the board if all these counts are still in play.
MsArk
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I agree. In fact, it looks like they are less close to unanimous now than when beginning deliberations. I thought it was going to be a quick verdict when they asked if they convict on 5 only.
turaj
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something has really changed....that sitting in the car may have raised more questions than it answered. If hung doubt if we hear from any of them.
turaj
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I have to say in these arguments Samuel makes good arguments. If I were the judge I would be dejected at this point...if the state cannot convince this jury with all the lattitude he has given to them then I say do not waste the tax payers $$ on this guy again.
Tortoise
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are they alternative counts then?