Former Board Member Vinoo Varghese was recently quoted in New York Law Journal. Check out the details from Varghese & Associates below.
The New York Law Journal sought Vinoo’s opinion on the highly-covered 76-day trial in which the government charged three former executives with fraud claiming their actions led to the demise of the white-shoe law firm Dewey & LeBoeuf. The judge declared a mistrial yesterday after 21 days of deliberations and the jury deadlocked on most counts against the three.
Vinoo described to the New York Law Journal the process of and history behind a judge’s instructions to a jury to continue deliberations when there’s no verdict. He also explained what a mistrial means for the defense and client.
Specifically Vinoo told the New York Law Journal:
If a jury hasn’t reached a verdict and sends notes declaring that it is deadlocked, the judge can read a so-called “Allen” charge instruction, derived from an 1896 U.S. Supreme Court case, that is basically a push from the judge to reach a verdict….
Some defense lawyers believe that a mistrial is good because you live to fight another day, but the question then becomes, does the client have the stomach for that. This isn’t a simple issue for a defense lawyer.
To read the article, click here.