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Smalls v. Batista, No. 97 CIV. 6045(RWS) (S.D.N.Y.) (6 F.Supp.2d 211) (May 19, 1998) (Judge Robert W. Sweet)

Case held that an Allen charge which created a duty to persuade other jurors and did not contain cautionary language was coercice and deprived petitioner of a fair trial.

 

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