Description

After a hard-fought trial, sometimes the jury simply can’t agree. Speaker A shared a personal story about his very first trial resulting in a deadlocked jury (01:12).

Here’s what happens step-by-step:

• The Wait: Both sides anxiously await, sometimes for days, as the jury deliberates (02:40).
• The Howard/Allen Charge: If the jury is stuck, Ohio courts use the “Howard charge” (federally known as the “Allen charge” or “dynamite charge”), urging jurors to reconsider their positions (03:21).
• No Verdict? Mistrial: If the jury still can't agree, the judge can declare a mistrial (04:57).
• What's Next? The prosecutor decides whether to try the case again, often after speaking with jurors to understand the split (05:49).

Do-Overs: The Realities of Retrying a Case

• Sometimes, a case is retried immediately; other times, practicalities and strategy call for a pause (05:41).
• Speaker A noted how retrying a case can be even harder for the defense: "Have you ever had a term paper deleted by accident? Rewriting it is nauseatingly painful" (07:49).

FAQ Corner

• What about Double Jeopardy? A hung jury doesn't trigger double jeopardy—a retrial is possible without violating a defendant’s rights (07:12).
• Does the Speedy Trial Clock Reset? The clock can toll, but other legal considerations come into play (07:26).

Hung juries may sound rare, but they’re a real and challenging part of the legal process.

Submit your questions to www.lawyertalkpodcast.com.

Recorded at Channel 511.

Stephen E. Palmer, Esq. has been practicing criminal defense almost exclusively since 1995. He has represented people in federal, state, and local courts in Ohio and elsewhere.

Though he focuses on all areas of criminal defense, he particularly enjoys complex cases in state and federal courts.

He has unique experience handling and assembling top defense teams of attorneys and experts in cases involving allegations of child abuse (false sexual allegations, false physical abuse allegations), complex scientific cases involving allegations of DUI and vehicular homicide cases with blood alcohol tests, and any other criminal cases that demand jury trial experience.

Steve has unique experience handling numerous high publicity cases that have garnered national attention.

For more information about Steve and his law firm, visit Palmer Legal Defense.

Copyright 2026 Stephen E. Palmer - Attorney At Law

Mentioned in this episode:

Circle 270 Media Podcast Consultants

Circle 270 Media® is a podcast consulting firm based in Columbus, Ohio, specializing in helping businesses develop, launch, and optimize podcasts as part of their marketing strategy. The firm emphasizes the importance of storytelling through podcasting to differentiate businesses and engage with their audiences effectively. www.circle270media.com