· 9/2/1988
State v. Lactod
Citations
- 761 P.2d 23
- 90 Utah Adv. Rep. 46
- 1988 Utah App. LEXIS 136
- 1988 WL 92762
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- directing the court to “consider[]” the standards, and finding an instruction noncoercive when it was “reasonably within” the standards
- finding no coercion where “the trial [court] did not tell the jury that it was required to reach a decision”
- “uphold[ing] the non-coercive use of Allen charges” in Utah but recognizing that “there are certain inherently coercive ideas which should not be included in an Allen charge” and adopting a two-part test to determine if such an instruction is impermissibly coercive
- “If the terms of the charge are not coercive per se, then we must consider, under the specific circumstances of the case, whether the charge was proper after the jury had reported an inability to reach a verdict.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Bench, Garff, Jackson
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.