Allen instruction in Pennsylvania

2007Young, 849 A.2d at 1156 .

2007Young, 849 A.2d at 1156 .

2006"In order to assess the propriety of the trial judge's statements, this Court must review the instructions as a whole to determine if any improper judicial wrangling occurred." Montgomery, 687 A.2d at 1136 . ¶ 9 Formerly, when confronted with a deadlocked jury, a trial court typically gave a charge pursuant to Allen v. United States, 164 U.S. 492 , 17 S.Ct. 154 , 41 L.Ed. 528 (1896).

2006"In order to assess the propriety of the trial judge's statements, this Court must review the instructions as a whole to determine if any improper judicial wrangling occurred." Montgomery, 687 A.2d at 1136 . ¶ 9 Formerly, when confronted with a deadlocked jury, a trial court typically gave a charge pursuant to Allen v. United States, 164 U.S. 492 , 17 S.Ct. 154 , 41 L.Ed. 528 (1896).

2006Appellant suggests that the instruction given in this case was akin to the Allen instruction, which was criticized in Commonwealth v. Spencer, 442 Pa. 328 , 275 A.2d 299 (1971). ¶ 8 Initially, we acknowledge that "it is `well established that a verdict *125 brought about by judicial coercion is a legal nullity.'" Commonwealth v. Montgomery, 455 Pa.Super. 202 , 687 A.2d 1131, 1136 (1996) (quoting Commonwealth v. Chester, 526 Pa. 578 , 587 A.2d 1367, 1380 (1991)).

2006Appellant suggests that the instruction given in this case was akin to the Allen instruction, which was criticized in Commonwealth v. Spencer, 442 Pa. 328 , 275 A.2d 299 (1971). ¶ 8 Initially, we acknowledge that "it is `well established that a verdict *125 brought about by judicial coercion is a legal nullity.'" Commonwealth v. Montgomery, 455 Pa.Super. 202 , 687 A.2d 1131, 1136 (1996) (quoting Commonwealth v. Chester, 526 Pa. 578 , 587 A.2d 1367, 1380 (1991)).

2022See 18 Pa.C.S.A. § 903(a); Carter, 416 A.2d at 524 .4 Accordingly, we reverse the trial court’s order granting Allen’s motion to quash and remand for further proceedings consistent with this decision.

2020Id.

2020However, and relevant here, Allen does not cite anything in the record to support this claim, and the certified record does not contain a copy of the New York sentencing order. 7 “Our review of the Board’s decision is limited to determining whether constitutional rights were violated, whether the decision is in accordance with the law, or whether necessary findings are supported by substantial evidence.” Kerak v. Pa. Bd. of Prob. & Parole, 153 A.3d 1134 , 1138 n.9 (Pa. Cmwlth. 2016). 8 From our careful review, there is nothing in the record that substantiates Allen’s claim that his sentence on

2005The trial court acknowledged the supreme court’s decision in Woods v. Commonwealth, Dept. of Transportation, 531 Pa. 295 , 612 A.2d 970 (1992), overruled by Allen v. Mellinger, 567 Pa. 1 , 784 A.2d 762 (2001), holding that delay damages against a Commonwealth party are to be calculated on the basis of the entire verdict rather than on the statutory cap.

2005The trial court acknowledged the supreme court’s decision in Woods v. Commonwealth, Dept. of Transportation, 531 Pa. 295 , 612 A.2d 970 (1992), overruled by Allen v. Mellinger, 567 Pa. 1 , 784 A.2d 762 (2001), holding that delay damages against a Commonwealth party are to be calculated on the basis of the entire verdict rather than on the statutory cap.

2004We need not reach the Commonwealth's alternative argument because, as discussed infra, we conclude that the admission of the references by Detective Brown did not require a mistrial. [3] In addition to the cases discussed, this court decided Commonwealth v. Brown, 511 Pa. 155 , 512 A.2d 596 (1986) and Commonwealth v. Shawley, 522 Pa. 475 , 563 A.2d 1175 (1989), which also applied the Allen test.

2004We need not reach the Commonwealth's alternative argument because, as discussed infra, we conclude that the admission of the references by Detective Brown did not require a mistrial. [3] In addition to the cases discussed, this court decided Commonwealth v. Brown, 511 Pa. 155 , 512 A.2d 596 (1986) and Commonwealth v. Shawley, 522 Pa. 475 , 563 A.2d 1175 (1989), which also applied the Allen test.

2004We need not reach the Commonwealth's alternative argument because, as discussed infra, we conclude that the admission of the references by Detective Brown did not require a mistrial. [3] In addition to the cases discussed, this court decided Commonwealth v. Brown, 511 Pa. 155 , 512 A.2d 596 (1986) and Commonwealth v. Shawley, 522 Pa. 475 , 563 A.2d 1175 (1989), which also applied the Allen test.

2004We need not reach the Commonwealth's alternative argument because, as discussed infra, we conclude that the admission of the references by Detective Brown did not require a mistrial. [3] In addition to the cases discussed, this court decided Commonwealth v. Brown, 511 Pa. 155 , 512 A.2d 596 (1986) and Commonwealth v. Shawley, 522 Pa. 475 , 563 A.2d 1175 (1989), which also applied the Allen test.

1991This will depend upon the nature and extent of the services that present counsel furnishes in his representation of Allen. 2 Petitioners’ reliance on In re Christman’s Estate, 165 Pa. Super. 45 , 67 A.2d 826 (1949), is misplaced because in that case a fund had been created and the court made a finding thát the fund “was clearly raised as a result of their [former counsels’] efforts.” Id. at 48 , 67 A.2d at 828 .

1991This will depend upon the nature and extent of the services that present counsel furnishes in his representation of Allen. 2 Petitioners’ reliance on In re Christman’s Estate, 165 Pa. Super. 45 , 67 A.2d 826 (1949), is misplaced because in that case a fund had been created and the court made a finding thát the fund “was clearly raised as a result of their [former counsels’] efforts.” Id. at 48 , 67 A.2d at 828 .

1983While I would agree that Commonwealth v. Allen, 448 Pa. 177 , 292 A.2d 373 (1972), is the applicable precedent in this case, I must disagree with the majority’s finding that under the Allen test, the jury in the instant case could not reasonably infer that the Appellee had engaged in prior criminal activity.

1983While I would agree that Commonwealth v. Allen, 448 Pa. 177 , 292 A.2d 373 (1972), is the applicable precedent in this case, I must disagree with the majority’s finding that under the Allen test, the jury in the instant case could not reasonably infer that the Appellee had engaged in prior criminal activity.

1975Commonwealth v. Groce, 452 Pa. 15 , 303 A. 2d 917 (1973), applied the Allen rule to situations involving ordinary testimonial references, not merely references to photographs or “mug” shots.

1975Commonwealth v. Groce, 452 Pa. 15 , 303 A. 2d 917 (1973), applied the Allen rule to situations involving ordinary testimonial references, not merely references to photographs or “mug” shots.

1974Errors of constitutional proportions which do not require automatic reversal include: confessions given without Miranda warnings, Milton v. Wainwright, 407 U.S. 371 (1972) ; denial of right to confront and cross-examine witnesses, Brown v. United States, 411 U.S. 223 (1973) ; wrongfully seized evidence, Commonwealth v. Pearson, 427 Pa. 45 (1967) ; denial of counsel at a preliminary hearing, Coleman v. Alabama, 399 U.S. 1 (1970) ; and, denial of right to counsel at a line-up, United States v. Wade, 388 U.S. 218 (1967). 7 See also Commonwealth v. Harding, 225 Pa. Superior Ct. 84 (1973) where, al

1974Errors of constitutional proportions which do not require automatic reversal include: confessions given without Miranda warnings, Milton v. Wainwright, 407 U.S. 371 (1972) ; denial of right to confront and cross-examine witnesses, Brown v. United States, 411 U.S. 223 (1973) ; wrongfully seized evidence, Commonwealth v. Pearson, 427 Pa. 45 (1967) ; denial of counsel at a preliminary hearing, Coleman v. Alabama, 399 U.S. 1 (1970) ; and, denial of right to counsel at a line-up, United States v. Wade, 388 U.S. 218 (1967). 7 See also Commonwealth v. Harding, 225 Pa. Superior Ct. 84 (1973) where, al

1974Errors of constitutional proportions which do not require automatic reversal include: confessions given without Miranda warnings, Milton v. Wainwright, 407 U.S. 371 (1972) ; denial of right to confront and cross-examine witnesses, Brown v. United States, 411 U.S. 223 (1973) ; wrongfully seized evidence, Commonwealth v. Pearson, 427 Pa. 45 (1967) ; denial of counsel at a preliminary hearing, Coleman v. Alabama, 399 U.S. 1 (1970) ; and, denial of right to counsel at a line-up, United States v. Wade, 388 U.S. 218 (1967). 7 See also Commonwealth v. Harding, 225 Pa. Superior Ct. 84 (1973) where, al

1974Errors of constitutional proportions which do not require automatic reversal include: confessions given without Miranda warnings, Milton v. Wainwright, 407 U.S. 371 (1972) ; denial of right to confront and cross-examine witnesses, Brown v. United States, 411 U.S. 223 (1973) ; wrongfully seized evidence, Commonwealth v. Pearson, 427 Pa. 45 (1967) ; denial of counsel at a preliminary hearing, Coleman v. Alabama, 399 U.S. 1 (1970) ; and, denial of right to counsel at a line-up, United States v. Wade, 388 U.S. 218 (1967). 7 See also Commonwealth v. Harding, 225 Pa. Superior Ct. 84 (1973) where, al

1974Errors of constitutional proportions which do not require automatic reversal include: confessions given without Miranda warnings, Milton v. Wainwright, 407 U.S. 371 (1972) ; denial of right to confront and cross-examine witnesses, Brown v. United States, 411 U.S. 223 (1973) ; wrongfully seized evidence, Commonwealth v. Pearson, 427 Pa. 45 (1967) ; denial of counsel at a preliminary hearing, Coleman v. Alabama, 399 U.S. 1 (1970) ; and, denial of right to counsel at a line-up, United States v. Wade, 388 U.S. 218 (1967). 7 See also Commonwealth v. Harding, 225 Pa. Superior Ct. 84 (1973) where, al

1974Errors of constitutional proportions which do not require automatic reversal include: confessions given without Miranda warnings, Milton v. Wainwright, 407 U.S. 371 (1972) ; denial of right to confront and cross-examine witnesses, Brown v. United States, 411 U.S. 223 (1973) ; wrongfully seized evidence, Commonwealth v. Pearson, 427 Pa. 45 (1967) ; denial of counsel at a preliminary hearing, Coleman v. Alabama, 399 U.S. 1 (1970) ; and, denial of right to counsel at a line-up, United States v. Wade, 388 U.S. 218 (1967). 7 See also Commonwealth v. Harding, 225 Pa. Superior Ct. 84 (1973) where, al

1974Errors of constitutional proportions which do not require automatic reversal include: confessions given without Miranda warnings, Milton v. Wainwright, 407 U.S. 371 (1972) ; denial of right to confront and cross-examine witnesses, Brown v. United States, 411 U.S. 223 (1973) ; wrongfully seized evidence, Commonwealth v. Pearson, 427 Pa. 45 (1967) ; denial of counsel at a preliminary hearing, Coleman v. Alabama, 399 U.S. 1 (1970) ; and, denial of right to counsel at a line-up, United States v. Wade, 388 U.S. 218 (1967). 7 See also Commonwealth v. Harding, 225 Pa. Superior Ct. 84 (1973) where, al

1974Errors of constitutional proportions which do not require automatic reversal include: confessions given without Miranda warnings, Milton v. Wainwright, 407 U.S. 371 (1972) ; denial of right to confront and cross-examine witnesses, Brown v. United States, 411 U.S. 223 (1973) ; wrongfully seized evidence, Commonwealth v. Pearson, 427 Pa. 45 (1967) ; denial of counsel at a preliminary hearing, Coleman v. Alabama, 399 U.S. 1 (1970) ; and, denial of right to counsel at a line-up, United States v. Wade, 388 U.S. 218 (1967). 7 See also Commonwealth v. Harding, 225 Pa. Superior Ct. 84 (1973) where, al

1974Errors of constitutional proportions which do not require automatic reversal include: confessions given without Miranda warnings, Milton v. Wainwright, 407 U.S. 371 (1972) ; denial of right to confront and cross-examine witnesses, Brown v. United States, 411 U.S. 223 (1973) ; wrongfully seized evidence, Commonwealth v. Pearson, 427 Pa. 45 (1967) ; denial of counsel at a preliminary hearing, Coleman v. Alabama, 399 U.S. 1 (1970) ; and, denial of right to counsel at a line-up, United States v. Wade, 388 U.S. 218 (1967). 7 See also Commonwealth v. Harding, 225 Pa. Superior Ct. 84 (1973) where, al

1974Errors of constitutional proportions which do not require automatic reversal include: confessions given without Miranda warnings, Milton v. Wainwright, 407 U.S. 371 (1972) ; denial of right to confront and cross-examine witnesses, Brown v. United States, 411 U.S. 223 (1973) ; wrongfully seized evidence, Commonwealth v. Pearson, 427 Pa. 45 (1967) ; denial of counsel at a preliminary hearing, Coleman v. Alabama, 399 U.S. 1 (1970) ; and, denial of right to counsel at a line-up, United States v. Wade, 388 U.S. 218 (1967). 7 See also Commonwealth v. Harding, 225 Pa. Superior Ct. 84 (1973) where, al

1974Errors of constitutional proportions which do not require automatic reversal include: confessions given without Miranda warnings, Milton v. Wainwright, 407 U.S. 371 (1972) ; denial of right to confront and cross-examine witnesses, Brown v. United States, 411 U.S. 223 (1973) ; wrongfully seized evidence, Commonwealth v. Pearson, 427 Pa. 45 (1967) ; denial of counsel at a preliminary hearing, Coleman v. Alabama, 399 U.S. 1 (1970) ; and, denial of right to counsel at a line-up, United States v. Wade, 388 U.S. 218 (1967). 7 See also Commonwealth v. Harding, 225 Pa. Superior Ct. 84 (1973) where, al

1974Errors of constitutional proportions which do not require automatic reversal include: confessions given without Miranda warnings, Milton v. Wainwright, 407 U.S. 371 (1972) ; denial of right to confront and cross-examine witnesses, Brown v. United States, 411 U.S. 223 (1973) ; wrongfully seized evidence, Commonwealth v. Pearson, 427 Pa. 45 (1967) ; denial of counsel at a preliminary hearing, Coleman v. Alabama, 399 U.S. 1 (1970) ; and, denial of right to counsel at a line-up, United States v. Wade, 388 U.S. 218 (1967). 7 See also Commonwealth v. Harding, 225 Pa. Superior Ct. 84 (1973) where, al

1974Errors of constitutional proportions which do not require automatic reversal include: confessions given without Miranda warnings, Milton v. Wainwright, 407 U.S. 371 (1972) ; denial of right to confront and cross-examine witnesses, Brown v. United States, 411 U.S. 223 (1973) ; wrongfully seized evidence, Commonwealth v. Pearson, 427 Pa. 45 (1967) ; denial of counsel at a preliminary hearing, Coleman v. Alabama, 399 U.S. 1 (1970) ; and, denial of right to counsel at a line-up, United States v. Wade, 388 U.S. 218 (1967). 7 See also Commonwealth v. Harding, 225 Pa. Superior Ct. 84 (1973) where, al

1974Errors of constitutional proportions which do not require automatic reversal include: confessions given without Miranda warnings, Milton v. Wainwright, 407 U.S. 371 (1972) ; denial of right to confront and cross-examine witnesses, Brown v. United States, 411 U.S. 223 (1973) ; wrongfully seized evidence, Commonwealth v. Pearson, 427 Pa. 45 (1967) ; denial of counsel at a preliminary hearing, Coleman v. Alabama, 399 U.S. 1 (1970) ; and, denial of right to counsel at a line-up, United States v. Wade, 388 U.S. 218 (1967). 7 See also Commonwealth v. Harding, 225 Pa. Superior Ct. 84 (1973) where, al

1974Errors of constitutional proportions which do not require automatic reversal include: confessions given without Miranda warnings, Milton v. Wainwright, 407 U.S. 371 (1972) ; denial of right to confront and cross-examine witnesses, Brown v. United States, 411 U.S. 223 (1973) ; wrongfully seized evidence, Commonwealth v. Pearson, 427 Pa. 45 (1967) ; denial of counsel at a preliminary hearing, Coleman v. Alabama, 399 U.S. 1 (1970) ; and, denial of right to counsel at a line-up, United States v. Wade, 388 U.S. 218 (1967). 7 See also Commonwealth v. Harding, 225 Pa. Superior Ct. 84 (1973) where, al

1974Errors of constitutional proportions which do not require automatic reversal include: confessions given without Miranda warnings, Milton v. Wainwright, 407 U.S. 371 (1972) ; denial of right to confront and cross-examine witnesses, Brown v. United States, 411 U.S. 223 (1973) ; wrongfully seized evidence, Commonwealth v. Pearson, 427 Pa. 45 (1967) ; denial of counsel at a preliminary hearing, Coleman v. Alabama, 399 U.S. 1 (1970) ; and, denial of right to counsel at a line-up, United States v. Wade, 388 U.S. 218 (1967). 7 See also Commonwealth v. Harding, 225 Pa. Superior Ct. 84 (1973) where, al