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Tucker v. Catoe

Citations

  • 552 S.E.2d 712
  • 346 S.C. 483
  • 2001 S.C. LEXIS 124

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • concluding Allen charge violated defendant's due process rights when the charge, when viewed as a whole, was impermissibly directed at minority jurors
  • recognizing as improper the judge's failure to prevent the jury's self-reporting of its numerical division
  • holding, in a capital case, that the United States Supreme Court in Lowenfield v. Phelps, 484 U.S. 231 (1988) set the standard by which to judge a constitutional claim regarding an Allen charge
  • holding reasonable deliberation was \not simply an elapsed-time dependent determination\
  • providing the following factors to consider in determining whether an Allen charge is unconstitutionally coercive: (1) whether the charge spoke specifically to the minority juror(s); (2
  • finding the fact that the jury returned a verdict approximately an hour and a half after receiving the Allen charge tended to prove the charge was coercive

Source: CourtListener parenthetical corpus (CC0).

Judges: Toal, Moore, Waller, Burnett, Pleicones

Read full opinion on CourtListener

Cited by

12 cases in this archive cite this case.

Cites

18 cases in this archive are cited by this case.

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