State v. Santiago, 2018 MT 13 (Jan. 30, 2018) (McKinnon, J.) (5-0, aff’d)
Issue: Whether the district court abused its discretion by giving the deadlocked jury an Allen instruction.
Short Answer: No.
Facts: Santiago was charged with sexual intercourse without consent, plead not guilty, and went to trial. On the last day of trial, after a few hours of deliberations, the jury sent the judge a note saying it was deadlocked 11-1. The state suggested the court give the jury an Allen instruction, otherwise known as a dynamite instruction, which the Montana Supreme Court approved in Norquay. Santiago objected on the grounds that the vote was 11-1, arguing that the Allen instruction would put an extreme undue burden on the one juror.…