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PARKER v. SMALL

No. 10-17128.

665 F.3d 1143 (2011)

Brian Lee PARKER, Petitioner-Appellant, v. Larry SMALL, Warden; Edmund G. Brown, Jr., Attorney General of the State of California, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed December 27, 2011.

Attorney(s) appearing for the Case

Bradley S. Sandler , Law Office of Bradley S. Sandler, Beverly Hills, CA, for the petitioner-appellant.

David M. Baskind , Deputy Attorney General, San Francisco, CA, for the respondent-appellee.

PER CURIAM Opinion; Concurrence by Judge THOMAS.

OPINION

PER CURIAM:

The right of an accused to have his case heard before a jury of his peers is a hallmark of our criminal justice system. The jury's verdict is of paramount importance in concluding the accused's case. Accordingly, the Supreme Court has permitted trial judges to give extra instructions to deadlocked juries in the hope of encouraging, but not coercing, a jury verdict. See Allen v. United States, 164 U.S. 492

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