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STATE v. HOWARD

No. 87-2154.

42 Ohio St. 3d 18 (1989)

THE STATE OF OHIO, APPELLANT, v. HOWARD, APPELLEE.

Supreme Court of Ohio.

Decided April 12, 1989.

Attorney(s) appearing for the Case

Gary L. VanBrocklin, prosecuting attorney, Mary Jane Stephens and Kathi McNabb, for appellant.

Randall M. Dana, public defender, and Robert L. Lane, for appellee.

DOUGLAS, J.

The sole issue before this court is whether the supplemental jury instruction given to the jury on July 31, 1981 was coercive in the sense that it pressured members of the jury who were in the minority to abandon their positions. The essential question becomes whether the supplemental instruction given to the jury by the trial judge, known as the Allen charge, is allowed in Ohio.

The Allen...

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