Cited by
Opinions in Louisiana that cite State v. Nicholson, 315 So. 2d 639.
- State of Louisiana v. Dionte Bracken La. 2025
- State of Louisiana Versus Joachim J. Cotton La. Ct. App. 5th Cir. 2024
- State Of Louisiana v. Dionte Bracken La. Ct. App. 1st Cir. 2024
- State of Louisiana Versus Lanard A. Lavigne La. Ct. App. 5th Cir. 2023
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State of Louisiana Versus Argentina Mesa
La. Ct. App. 5th Cir. 2019
Collor, 762 So.2d at 104 ( (La.
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State v. Bell
221 So. 3d 836
La. 2017
In general, Louisiana courts prohibit the use of an Allen charge, -43 (La.
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State v. Miller
83 So. 3d 178
La. Ct. App. 1st Cir. 2011
the Louisiana Supreme Court recognized the authority of a trial court to give further instructions to a jury unable to agree upon a verdict.
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State v. Foster
44 So. 3d 733
La. Ct. App. 1st Cir. 2010
Collor , 99-0175 at 13, 762 So.2d at 104 ().
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State of Louisiana v. M. L. Jr.
La. Ct. App. 3d Cir. 2010
-14- This court has discussed Allen charges as follows: In [State v.] Nicholson, [ (La.1975) ], the supreme court set limits to the instructions that a trial judge can give to a jury after the jury announces it cannot reach a verdict.
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State v. ML JR.
35 So. 3d 1183
La. Ct. App. 1st Cir. 2010
11fiThis court has discussed Allen charges as follows: In [State v.] Nicholson, [ (La.1975) ], the supreme court set limits to the instructions that a trial judge can give to a jury after the jury announces it cannot reach a verdict.
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State of Louisiana v. Michael D. Sumrall
La. Ct. App. 3d Cir. 2010
5/16/97), : In [State v.] Nicholson, [ (La.1975) ], the supreme court set limits to the instructions that a trial judge can give to a jury after the jury announces it cannot reach a verdict.
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State v. Sumrall
34 So. 3d 977
La. Ct. App. 1st Cir. 2010
3 Cir. 12/11/96), , writ denied, 97-69 (La.5/16/97), : In [State v.] Nicholson, [ (La.1975) ], the supreme court set limits to the instructions that a trial judge can give to a jury after the jury announces it cannot reach a verdict.
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State of Louisiana v. Willie J. Beaudion
La. Ct. App. 3d Cir. 2009
4 Cir. 1992); -44 (La.1975).
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State v. Beaudion
27 So. 3d 342
La. Ct. App. 1st Cir. 2009
4 Cir.1992); -44 (La.1975).
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State v. Anders
941 So. 2d 93
La. Ct. App. 3d Cir. 2006
This court has discussed Allen charges as follows: In [ State v.] Nicholson, [(La.1975)], the supreme court set limits to the instructions that a trial judge can give to a jury after the jury announces it cannot reach a verdict.
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State of Louisiana v. Quantell Derell Anders
La. Ct. App. 3d Cir. 2006
This court has discussed Allen charges as follows: In [State v.] Nicholson, [(La.1975)], the supreme court set limits to the instructions that a trial judge can give to a jury after the jury announces it cannot reach a verdict.
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State of Louisiana v. Darwin Gauthier
La. Ct. App. 3d Cir. 2005
This court has discussed Allen charges as follows: In [State v.] Nicholson, [(La.1975)], the supreme court set limits to the instructions that a trial 9 judge can give to a jury after the jury announces it cannot reach a verdict.
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State v. Gauthier
916 So. 2d 314
La. Ct. App. 3d Cir. 2005
This court has discussed Allen charges as follows: In [ State v. ] Nicholson, [(La.1975)], the supreme court set limits to the instructions that a trial judge can give to a jury after the jury announces it cannot reach a verdict.
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State v. Dabney
908 So. 2d 60
La. Ct. App. 5th Cir. 2005
the trial court gave the jury a modified Allen charge, and the jury ultimately returned a guilty verdict.
- State v. Eugene 866 So. 2d 985 La. Ct. App. 5th Cir. 2004
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State v. Wilson
806 So. 2d 854
La. Ct. App. 3d Cir. 2001
This court has discussed the Allen issue: In [ State v. ] Nicholson, [(La.1975)], the supreme court set limits to the instructions that a trial judge can give to a jury after the jury announces it cannot reach a verdict.
- State v. Alvarez 792 So. 2d 875 La. Ct. App. 1st Cir. 2001
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State v. Palermo
765 So. 2d 1155
La. Ct. App. 5th Cir. 2000
-642 (La.1975), the court held that the tenor of the instructions in that case presented a substantial risk that "a juror or jurors possessed of a genuine conviction that reasonable doubt exists would thereby be coerced into agreement with a majority voting to render a guilty verdict."
- State v. Collor 762 So. 2d 96 La. Ct. App. 4th Cir. 2000
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State v. Ancar
746 So. 2d 269
La. Ct. App. 1st Cir. 1999
the Supreme Court recognized the authority of a trial court to give further instructions to a jury unable to agree upon a verdict.
- State v. Jones 714 So. 2d 819 La. Ct. App. 1st Cir. 1998
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State v. James
687 So. 2d 485
La. Ct. App. 3d Cir. 1996
the supreme court recognized the authority of a trial court to give further instructions to a jury unable to agree upon a verdict.
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Smith v. Bundrick
663 So. 2d 554
La. Ct. App. 2d Cir. 1995
State v. Caston, supra .
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State v. Washington
646 So. 2d 448
La. Ct. App. 1st Cir. 1994
See State v. Canton, 561 So.2d at 942 .
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State v. Washington
646 So. 2d 448
La. Ct. App. 1st Cir. 1994
See State v. Caston, 561 So.2d at 942 .
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White v. Touro Infirmary
633 So. 2d 755
La. Ct. App. 4th Cir. 1994
Finally, defendant argues that the trial court erred in giving an "Allen" or "Dynamite" charge to the jury
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State v. Campbell
606 So. 2d 38
La. Ct. App. 4th Cir. 1992
The Louisiana Supreme Court had cause to examine the impact of the "Allen charge"
- Trans-Global Alloy v. First Nat. Bank 583 So. 2d 443 La. 1991
- Trans Global Alloy Ltd. v. First Nat. Bank 564 So. 2d 697 La. Ct. App. 5th Cir. 1990
- State v. Caston 561 So. 2d 941 La. Ct. App. 2d Cir. 1990
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State v. Diggs
489 So. 2d 1050
La. Ct. App. 1st Cir. 1986
Following said move, held that the use of the “Allen” charge or any coercive modification thereof was henceforth banned.
- State v. Alexander 430 So. 2d 621 La. 1983
- Bourque v. Olin Corp. 346 So. 2d 1373 La. Ct. App. 3d Cir. 1977
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State v. Schamburge
344 So. 2d 997
La. 1977
Defendant cites State v. Nicholson, La., (1975), arguing that the judge's comments to the jury require the reversal of his conviction.
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Distinguished
State v. Rudolph
332 So. 2d 806
La. 1976
as to whether "other jurors felt the deadlock could be broken."
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State v. Knight
323 So. 2d 765
La. 1975
He also asserts that the jury, after being deadlocked, was further charged by the judge and asked to continue its deliberations, which resulted in a verdict of "convenience" rather than one based upon the law and evidence, (La.