DONALD EDWARD BROWNE, JR. v. STATE OF MARYLAND
Court of Special Appeals, Eyler, Filed Nov. 6, 2013
Jury Deadlock- Mistrial should have been declared when jury revealed its split, juror approached the bench and self-identified as the holdout, and the judge gave instruction to the individual juror without proper safeguards of the ABA deadlocked jury instruction

There is a hierarchy of synthesis regarding the incorporation of persuasive opinions into an opinion:
– Some judges read these opinions, provide a parenthetical notation expressing the distinction between cases, and move on
– Some judges read these opinions, consider them, and incorporate the underlying logic (or decline to do so) without citation
– Some judges provide a 2-3 page summary of every lexis hit on the topic in the continental united states, losing the reader in a sea of marginally relevant facts and holdings

Unfortunately, this opinion falls into the bottom category… and last is definitely least (in both value and skill)

Notes on deadlocked juries from the opinion:
– Factors in determining “the inherent potential in a given situation for coercion of a verdict”: 1) the degree of isolation of a holdout juror; 2) whether the court knows the numerical breakdown of the deadlock; 3) whether the holdout juror is the sole holdout; 4) whether the holdout juror has been identified to the court and knows that the court is aware of his or her identity; 5) whether the holdout juror has been identified in a note only or in open court; 6) whether the other jurors may feel they are bound to the positions they have taken; 7) whether a modified Allen charge has been given
– Once potential for coercion has been demonstrated, judicial action could have “increased or decreased that potential” (though several of the factors in determining coercion already take into account judicial action)
– Best practice is not to allow the jury to reveal the breakdown
– Best practice is not to meet with jurors individually once that breakdown is revealed
– Best practice is to rely on the ABA instruction and not ad lib