What is the test for declaring a mistrial when a jury indicates that it is deadlocked?

MultiRegion, United States of America

The following excerpt is from U.S. v. Sommerstedt, 752 F.2d 1494 (9th Cir. 1985):

We review for abuse of discretion a district court's decision whether to declare a mistrial when a jury indicates that it is deadlocked. United States v. See, 505 F.2d 845, 850 (9th Cir.1974) (citing Illinois v. Sommerville, 410 U.S. 458, 462, 93 S.Ct.

Page 1498

In deciding whether to declare a mistrial, the district court should take all relevant circumstances into account rather than apply an abstract formula. United States v. See, 505 F.2d at 851. A jury's statement that it currently is deadlocked is, by itself, an insufficient ground for declaring a mistrial. Id; see also United States v. Ross, 626 F.2d 77, 81 (9th Cir.1980) (trial judge did not abuse discretion by not declaring mistrial after jury failed to reach verdict on all counts after a full day of deliberations).

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