Jury Coercion

149 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• United States v. Arpan
  861 F.2d 1073· 8th Cir.· 1988-11-21 ·cited 6×
  The court held that instructing the jury that its verdict must be unanimous, without informing them of the possibility of a hung jury, constitutes reversible error.
• United States ex rel. John Kirk v. Dir., Dep't OF Corr., State OF Ill.
  678 F.2d 723· 7th Cir.· 1982-05-19 ·cited 6×
  The rule forbidding trial judges from inquiring as to the jury's numerical division, established in Brasfield v. United States, is an exercise of the Supreme Court's supervisory jurisdiction over federal courts and is not binding on the states through the Fourteenth Amendment.
• Cap. Transit Co. v. Howard
  196 F.2d 593· D.C. Cir.· 1952-04-24 ·cited 6×
  The court held that the trial court did not err in submitting the negligence issue to the jury and in giving a supplementary charge to a deadlocked jury.
• James v. United States (two cases)
  191 F.2d 472· D.C. Cir.· 1951-06-28 ·cited 6×
  The court held that while the prosecutor's argument was improper, the trial court's statement sufficiently cured the error, and the convictions should be affirmed.
• United States v. Winters
  158 F.2d 674· 2d Cir.· 1946-12-31 ·cited 6×
  A defendant acquitted of a substantive crime can still be convicted of conspiracy to commit that crime if the substantive crime does not inherently require cooperation. Exhibits are admissible if properly authenticated and relevant. Judicial remarks about reaching a verdict do no
• United States v. Moore
  429 F.2d 1305· 9th Cir.· 1970-08-20 ·cited 5×
  The court held that the defendant's conviction for narcotics offenses was not invalidated by the entrapment defense or the Allen instruction, and denied bail pending appeal.
• Atl. Coast Line R.R. Co. v. Frona Mae Boone
  108 So. 2d 635· Fla. 2d DCA· 1959-02-04 ·cited 5×
  Atlantic Coast Line Railroad appealed jury verdicts in two consolidated negligence cases, contending it was entitled to a directed verdict based on the plaintiff driver's negligence and release, and that the verdict was infected by jury sympathy. The court affirmed the verdicts,
• State Farm Mut. Auto. Ins. Co. v. Rindner
  996 So. 2d 932· Fla. 4th DCA· 2008-12-10 ·cited 4×
  State Farm appeals a judgment in favor of the plaintiff Rindner for injuries sustained in an automobile accident, challenging the trial court's denial of a mistrial motion based on an emotional outburst by the plaintiff's mother and alleged jury coercion regarding deliberation ti
• Shultheis v. Douglas L. Gotlin, D.O.
  919 So. 2d 546· Fla. 5th DCA· 2005-12-23 ·cited 4×
  A widower appeals a jury verdict in favor of his deceased wife's physician in a medical negligence case involving the failure to diagnose and treat deep vein thrombosis during childbirth. The court affirmed the jury's defense verdict, rejecting arguments about improper expert tes
• State v. Roberts
  616 So. 2d 79· Fla. 2d DCA· 1993-03-12 ·cited 4×
  The State appeals a trial court's order granting a new trial to Felicia Roberts, who was convicted of second-degree murder with a firearm (Count I) and aggravated assault with a firearm (Count II). The appellate court reverses, finding that while the aggravated assault instructio
• United States v. Guiseppe Gambino
  951 F.2d 498· 2d Cir.· 1991-12-10 ·cited 4×
  The court held that continuing to poll the jury after a juror dissented, removing a juror for lateness and inability to perform duties, and cross-examining a defendant about Mafia connections were not reversible errors when conducted within the trial judge's discretion and not fo
• United States v. Cowan
  819 F.2d 89· 5th Cir.· 1987-05-27 ·cited 4×
  The court held that ex parte communications between the judge and individual jurors, which pressured them to reach a verdict and suggested their confusion was unintelligent, constituted reversible error.
• United States v. Luciano
  734 F.2d 68· 1st Cir.· 1984-05-09 ·cited 4×
  The court held that the trial judge did not abuse discretion in handling jury polling and subsequent events, and that alleged extrinsic influences were insufficient to warrant a new trial.
• United States v. Singletary
  562 F.2d 1058· 8th Cir.· 1977-08-29 ·cited 4×
  The court held that the trial court did not abuse its discretion in shortening the time for notice of an alibi defense and that the supplemental jury instruction was not coercive.
• United States v. Taliaferro
  558 F.2d 724· 4th Cir.· 1977-07-26 ·cited 4×
  The court held that the defendant's conviction was not tainted by a continuance for an academic conference, the admission of evidence, or jury deliberations involving a modified Allen charge and limited alcohol consumption during dinner.
• Evans v. State
  303 So. 2d 68· Fla. 3d DCA· 1974-11-19 ·cited 4×
  The court held that giving a modified Allen Charge, even with an additional instruction regarding potential deadlock, did not coerce the jury and was not reversible error under the circumstances.
• United States v. Hayes
  446 F.2d 309· 5th Cir.· 1971-07-13 ·cited 4×
  The court held that inquiring into the numerical division of a jury is inherently coercive and grounds for reversal, regardless of whether the jury ultimately reaches a verdict or the inquiry's stated motive.
• United States v. Russo
  399 F.2d 75· 4th Cir.· 1968-07-19 ·cited 4×
  The court held that the trial judge's failure to conduct a voluntariness hearing for the defendant's statements was rendered harmless by the defendant's own testimony, and that the judge's inquiry to the jury about reaching a verdict was not coercive.
• Wilson v. State
  884 So. 2d 1036· Fla. 4th DCA· 2004-10-13 ·cited 2×
  The appellate court affirmed a conviction for attempted lewd or lascivious molestation. The court rejected the appellant's arguments that the state failed to exclude a reasonable hypothesis of innocence and that the trial court erred in re-instructing the jury.
• United States v. Dorsey
  865 F.2d 1275· D.C. Cir.· 1989-01-24 ·cited 2×
  The court held that the trial judge's actions did not improperly coerce the jury, but vacated the conspiracy conviction due to the concurrent sentence doctrine and the difficulty of the evidentiary issue presented.
• Witco Chem. Corp. v. Peachtree Doors, Inc.
  787 F.2d 1545· Fed. Cir.· 1986-03-24 ·cited 2×
  The court held that the trial court abused its discretion by denying a motion for a new trial, vacating the judgment and remanding for a new trial on all issues.
• United States v. Muhammad Jalal Deen Akbar
  698 F.2d 378· 9th Cir.· 1983-01-31 ·cited 2×
  The court held that the trial judge's questioning of individual jurors regarding their deliberations, while potentially problematic, did not constitute reversible error in this specific instance because it was not coercive and was related to a collateral issue.
• Booker Thomas Lincoln v. State
  364 So. 2d 117· Fla. 1st DCA· 1978-11-21 ·cited 2×
  The court held that the trial judge's comments to the jury, after they reported a deadlock, were intimidating and potentially coerced a verdict, thus requiring a new trial.
• Jones v. Estelle
  538 F.2d 651· 5th Cir.· 1976-08-27 ·cited 2×
  The court held that the trial judge's conduct in receiving the jury's verdict, while potentially problematic, did not constitute a denial of due process.
• Bryan v. State
  280 So. 2d 25· Fla. 1st DCA· 1973-07-10 ·cited 2×
  William Michael Bryan was convicted of manslaughter after being tried for second-degree murder. The Florida District Court of Appeal reversed his conviction, holding that the trial court committed reversible error by instructing the jury with an "Allen charge" or "blockbuster cha
• Weinell v. McKEESPORT Connecting R.R. Co.
  411 F.2d 510· 3d Cir.· 1969-06-04 ·cited 2×
  The court held that a supplemental jury charge referencing Communists and pressuring the jury to reach a verdict constituted prejudicial error.
• Petrole v. George A. Fetter, Inc.
  411 F.2d 5· 3d Cir.· 1969-05-22 ·cited 2×
  The court held that inadequate jury instructions regarding specific statutory duties and a coercive jury instruction constituted reversible error, requiring a new trial.
• N. Am. Philips Co., Inc. v. Charles A. Church
  375 F.2d 93· 2d Cir.· 1967-03-21 ·cited 2×
  The court held that the exclusion of certain evidence regarding the taxpayer's belief about the taxability of its products and its pricing decisions was prejudicial error, requiring a new trial.
• Maloney v. Tunnell
  218 F.2d 705· 3d Cir.· 1955-01-25 ·cited 2×
  The court held that the trial judge's instructions and conduct did not constitute reversible error, and there was no evidence of jury coercion.
• United States v. King
  162 F.2d 594· 2d Cir.· 1947-06-24 ·cited 2×
  The court held that the evidence was sufficient to support the conviction for bribing a federal officer and that the trial judge did not coerce the jury.
• Philip Morris USA Inc. v. Brown
  243 So. 3d 521· Fla. 1st DCA· 2018-04-18 ·cited 1×
  A trial court may accept a partial verdict in a civil case when a jury cannot achieve unanimity on all issues, and such acceptance is within the court's discretion.
• Jackson v. State
  804 So. 2d 357· Fla. 4th DCA· 2001-09-05 ·cited 1×
  The court held that the trial court erred by questioning a dissenting juror, creating a coercive environment and failing to return the jury for further deliberations or declare a mistrial.
• Scruggs v. Williams
  903 F.2d 1430· 11th Cir.· 1990-06-22 ·cited 1×
  The court held that prior federal cases interpreting Federal Rule of Criminal Procedure 31(d) do not set constitutional due process standards for state court proceedings. A state prisoner seeking habeas corpus must show a violation of the Constitution, not just federal procedural
• Portee v. State
  496 So. 2d 173· Fla. 3d DCA· 1986-09-30 ·cited 1×
  The defendant was convicted of second-degree murder, but during jury polling after verdict, one juror indicated she had not agreed with the guilty verdict. The trial court re-instructed the jury on unanimity and sent them back to deliberate. The defendant appealed, claiming the c
• Cooper v. State
  Fla. 1st DCA· 2024-05-15
  Malcolm Cooper appeals his convictions and concurrent sentences, including life, challenging the trial judge's interactions with the jury during deliberations. Cooper argued the judge created a coercive atmosphere by giving an unrequested Allen charge when the jury was not deadlo
• Williams v. Sec'y, Fla. Dep't of Corr. (Duval County)
  M.D. Fla.· 2022-01-20
  The court held that the petitioner's claims of ineffective assistance of counsel and trial court error were unexhausted and procedurally barred, and otherwise without merit.
• Horvath v. Anderson, Moss, Parks & Sherouse, P.A.
  728 So. 2d 315· Fla. 3d DCA· 1999-02-24
  The appellate court reversed the final judgment, finding that the trial court's actions during the jury polling process were inherently coercive, thereby tainting the subsequent verdict. The court determined that the repeated questioning of a dissenting juror, combined with publi
• United States v. Spann
  997 F.2d 1513· D.C. Cir.· 1993-07-13
  The court held that the verdict forms used were not improper special verdicts and that the judge's statements, while sometimes inappropriate, did not rise to the level of plain error causing coercion. The supplemental deadlock charge was also found to be proper.
• United States v. Felix
  996 F.2d 203· 8th Cir.· 1993-06-18
  The court held that the district court did not err in refusing a lesser included offense instruction because no rational jury could find the defendant innocent of the greater offense while guilty of the lesser, nor was the jury verdict coerced by the court's instructions.
• Prewitt v. Goeke
  978 F.2d 1073· 8th Cir.· 1992-11-04
  The court affirmed the denial of the habeas petition, finding no constitutional violation regarding ex parte jury communications, state suppression of evidence, or ineffective assistance of counsel.
• United States v. Lane
  624 F.2d 1336· 5th Cir.· 1980-08-28
  The court held that the defendant's waiver of a mistrial was knowing, voluntary, and intelligent, and that the trial judge's actions did not constitute reversible error.
• Milton v. State
  334 So. 2d 85· Fla. 3d DCA· 1976-06-08
  The court held that the jury's late deliberations and the inclusion of a lesser included offense in the jury charge did not constitute reversible error.
• United States v. Silvern
  494 F.2d 355· 7th Cir.· 1973-02-27
  The court held that the supplemental jury charge, while containing some potentially problematic language, was not coercive and did not violate the defendant's constitutional rights, nor did other evidentiary rulings or challenges to the sufficiency of the evidence warrant reversa
• United States v. Domenic Gullia
  450 F.2d 777· 3d Cir.· 1971-11-05
  The court held that it was error to give additional instructions to a single juror in the absence of the remaining jurors and the defendants.