Opinion

United States v. Darwin Clark Bailey

  • 468 F.2d 652
Court
Court of Appeals for the Fifth Circuit
Filed
Nov 7, 1972
Status
Published
On the bench
John, Goldberg, Morgan
Cited by
114 cases

Modified on other grounds by United States v. Darwin Clark Bailey, 480 F.2d 518 (1973)

concluding that an Allen charge was not impermissibly coercive where the jury continued deliberating for an hour and a half after receiving the charge

How later courts described this case

  • concluding that an Allen charge was not impermissibly coercive where the jury continued deliberating for an hour and a half after receiving the charge
  • finding that giving an Allen charge 3.5 hours after deliberations began was not “improperly precipitous” and noting that a charge 1.5 hours into deliberations did not imply coercion
  • describing the First Circuit, Second Circuit, Fourth Circuit, Sixth Circuit, and Eighth Circuit courts as having " 'grave doubts' about Allen" and permitting it "'to stand only by 'the barest margin'"' (quoting United States v. Kenner, 354 F.2d 780, 782-84 (2d Cir.1965))
  • stating that giving the Allen charge 3 1/2 hours after the jury retired to deliberate was not an abuse of discretion

Written by the judges who cited it.

The opinion

ON PETITION FOR REHEARING AND PETITION FOR REHEARING EN BANC

Before JOHN R. BROWN, Chief Judge, and WISDOM, GEWIN, BELL, THORNBERRY, COLEMAN, GOLDBERG, AINSWORTH, GODBOLD, DYER, SIMPSON, MORGAN, CLARK, IN-GRAHAM and RONEY, Circuit Judges.

BY THE COURT:

A member of the Court in active service having requested a poll on the application for rehearing en banc and a majority of the judges in active service having voted in favor of granting a rehearing en banc.

It is ordered that the cause shall be reheard by the Court en banc on briefs without oral argument. The Clerk shall set a briefing schedule for the filing of supplemental briefs.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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