Sunday, November 17, 2013

People v. Barraza case brief

People v. Barraza case brief summary
591 P.2d 947 (1979)


CASE SYNOPSIS
Defendant appealed his conviction from the Superior Court of Los Angeles County (California), in which defendant was convicted of two counts of selling her*in.

CASE FACTS
Defendant appealed his conviction of two counts of selling her*in. Defendant argued that the lower court erred in giving the Allen charge to the jury, and failed in instructing the jury on the defense of entrapment.

DISCUSSION

  • The supreme court reversed defendant's conviction. 
  • The supreme court held that it was error for the jury to be instructed that "the case must at some time be decided." 
  • The supreme court held that when the Allen charge was the central feature of instructions given to a deadlocked jury, there was heightened potential of prejudice. 
  • As to defendant's entrapment defense, the supreme court decided that, when there was substantial evidence supporting a defense that was not inconsistent with the defendant's theory of the case, the lower court had a duty to instruct the jury.

CONCLUSION
The court reversed defendant's conviction, holding that where the Allen charge was the central feature of instructions given to a deadlocked jury, there was a potential of prejudice, and that the judge had a duty to instruct on the entrapment defense when there was substantial evidence supporting the defense.

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