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Melancon v. State

The Allen charge was noncoercive where the trial court did not probe the jury or attempt to identify the minority jurors and the trial court's information as to numeric division was an unsolicited and extraneous reference in a note from the jury.

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REHEARING EN BANC GRANTED; OPINIONS OF SEPTEMBER 21, 2000 WITHDRAWN; AFFIRMED AND MAJORITY, CONCURRING AND DISSENTING, AND DISSENTING OPINIONS FILED NOVEMBER 21, 2001.

MAJORITY OPINION ON REHEARING EN BANC

The State’s motion for rehearing en banc is granted, the majority and dissenting opinions issued in this case on September 21, 2000, are withdrawn, and the following majority, concurring and dissenting, and dissenting opinions are issued in their place. Albert Joseph Melancon appeals his conviction for aggravated robbery*fn1 on the grounds that: (1) he was denied effective assistance of counsel; and (2) the trial court erred in (a) failing to sustain appellant’s objections or grant a mistrial with regard to the prosecutor’s closing arguments; and (b) its efforts to break the jury deadlock. We affirm.

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