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State vs. Johnny Church (Drew Blahnik)
State vs. Johnny Church (Drew Blahnik)
No. 22-0089
Filed February 8, 2023
STATE OF IOWA,
Plaintiff-Appellee,
vs.
Appeal from the Iowa District Court for Linn County, Christopher L. Bruns,
Judge.
Brenna Bird, Attorney General, and Nicholas E. Siefert and Louis S. Sloven,
obstructing prosecution, and defacing a corpse. He raises a single issue: did the
district court abuse its discretion in giving a verdict-urging instruction on day four
of jury deliberations? We must decide whether that Allen charge was coercive
under the totality of the circumstances.1 Because the jury’s notes to the court
revealed open hostility toward a lone holdout juror, it was an abuse of discretion to
give the instruction. We thus reverse the convictions and remand for a new trial.
The trial evidence is not critical to the issue on appeal. But it helps set the
stage for the jury’s questions to know that Church claimed he was justified in
stabbing Christopher Bagley. The jury heard varying witness accounts on whether
Bagley was armed during their confrontation. Armed or not, Bagley suffered at
least thirteen stab wounds, including debilitating injuries to his neck, chest, and
abdomen. The State also presented evidence that Church helped bury Bagley’s
body in an accomplice’s yard. Then Church lied to investigators and a grand jury
prosecution, and defacing a corpse. Church’s 2021 trial started Friday, July 16
and lasted until the jury began deliberating at 4:06 p.m. on Monday, July 26.2
for the night at 4:41 p.m. The record shows that the jurors deliberated for about
three hours on Tuesday, July 27, beginning at 9 a.m. and separating at noon.
3
On Wednesday, July 28, the jury started passing a series of notes to the
court. The first came at 9:02 a.m., asking for “confirmation” of two specific lines
from “the grand jury’s testimony.” Neither the attorneys nor the court was sure
what transcript lines the jury was referring to, but all agreed to respond that they
Then at 2:17 p.m., the jury asked for guidance on two jury instructions on
justification. The note read: “Can instruction 45 & 46 have to cover the entire
continued, “or can it cease when we believe that the imminent danger is no longer
a threat.” Rather than providing a supplemental instruction, the court told the jury
to re-read the original instructions.3 The jury deliberated for about seven hours
that day.
Next morning, Thursday, July 29, at 10:06 a.m., the jury sent another note:
“A juror is failing to follow specific rules set forth by you in the rule packet provided.
In regards to 45 + 52.”4 Based on that communication, the court believed that the
jury was deadlocked. But it responded: “As previously instructed, you are required
to apply the law set forth in the instructions already provided to you.”
The person using deadly force shall not intentionally destroy, alter,
conceal, or disguise physical evidence relating to the person’s use
of deadly force, and the person shall not intentionally intimidate
witnesses into refusing to cooperate with any investigation relating
to the use of such deadly force or induce another person to alter
testimony about the use of deadly force.
4
At 11:15 a.m. that same day, the court informed the attorneys that the jury
told the court attendant that it was deadlocked. After being instructed to only
communicate with the court in writing, the foreperson sent this note:
The court proposed asking the jury if further deliberations would be fruitful. The
State requested an Allen charge. Defense counsel objected to the State’s request,
reasoning:
I think given the communication that the Court has already provided
the jurors in the instruction dealing with their duty as jurors to consult
with one another, to deliberate with the view to reaching an
agreement, if you can do so without violence to individual judgment,
that’s in the Court’s final instruction to the jury.
So I think a verdict-urging instruction is—given the
communication that the Court has just told us about, would not be
productive. I think that the better choice was what the Court’s initial
response was going to be, namely, do you believe that further
deliberation would be productive.
The court denied the State’s request, finding an Allen charge inappropriate
under the circumstances. The court explained that it did not have “any hope
whatsoever that [an Allen charge] would cause the jury to reach a jury verdict that
is consistent with the Defendant’s constitutional rights because the jury has
basically told me we have a single holdout and we cannot convince that holdout.”
Instead, the court wrote back: “Do you believe further deliberations would be
fruitful?”
5
At 11:37 a.m., the jury responded: “No, we feel that because the rules set
forth by this court are not being followed by a single juror that deliberations would
The State renewed its request for an Allen charge. Again, Church’s attorney
After reviewing case law, the court noted it was still “not entirely convinced
that an Allen charge is appropriate here.” But it decided to give the instruction in
[I]f I give an Allen charge and then we don’t get a verdict and we still
have a hung jury, we have a hung jury. If I give an Allen charge and
we get a verdict, either I or the Appellate Court, if I shouldn’t have
given the Allen charge, can take the verdict away or if it was
appropriate to give the charge, leave the verdict standing and we
don’t have to try the case again.
The court gave the jury the Allen charge at 12:08 p.m. At 3:39 p.m. the jury
district court then polled the jurors, asking each one: “Is this your verdict?” In open
6
court, each juror answered in the affirmative. The court instructed members of the
media attending the murder trial to turn off recording equipment while polling
Church moved for a new trial, arguing the court abused its discretion in
giving the Allen charge. The court denied the motion. Church now appeals.
II. Analysis
Church reprises his argument that the court should not have given the Allen
for an abuse of discretion.5 State v. Davis, 975 N.W.2d 1, 8 (Iowa 2022). Indeed,
face of jury deadlock. State v. Campbell, 294 N.W.2d 803, 808–09 (Iowa 1980).
But such an instruction must not coerce a verdict. Id. at 808. “The ultimate test is
initiated a new train of real deliberation which terminated the disagreement.” 6 Id.
consider each case “on its own circumstances.” Davis, 975 N.W.2d at 18 (quoting
factors in the coercion analysis include the content of the instruction, the timing of
deliberations, and responses from jurors when polled about their verdict. Id. But
we also weigh other factors that may suggest a coercive effect, such as the court’s
inquiry into or knowledge of the jury’s numerical division. See Piper, 663 N.W.2d
at 912.
Starting with factor one, the instruction’s content. After the foreperson
informed the court that further deliberations “would NOT be fruitful” because one
Church does not challenge the content of this instruction, conceding that its
No. 13-2033, 2015 WL 2393652, at *6 (Iowa Ct. App. May 20, 2015); State v.
8
Power, No. 13-0052, 2014 WL 2600214, at *5 (Iowa Ct. App. June 11, 2014). But
“the content of this type of instruction is only one factor to consider in determining
whether the jury was improperly coerced.” Piper, 663 N.W.2d at 911.
courts look at dual measures of time in evaluating the coercive effect of an Allen
charge.7 The first measure is the length of deliberation after the court gives the
charge. The question there is whether the jury engaged in “further worthwhile
19 (citations and internal quotations omitted). The second measure is the ratio of
the deliberations before and after the Allen charge. This more intricate gauge
explained “there is more reason to doubt the quality of the verdict when the
given comes in comparatively a very short time.” Peirce, 159 N.W. at 1054.
On the first measure, the State insists that the three-and-one-half hours of
deliberation—with a lunch break—after receiving the Allen charge shows the jury
meaningfully reconsidered the case. But Church invokes the second measure,
arguing that the jury’s relatively short deliberation after the Allen charge points to
pressure on the holdout when compared to the days spent deliberating before the
7We also consider whether the jurors have been sequestered and the hour and
week day that a jury reaches a decision. Davis, 975 N.W.2d at 20. But the parties
do not focus on those factors here.
9
Our case law is a bit squishy when deciding whether a deliberation ratio
suggests coercion. On the one hand, the Peirce court found prejudice when jurors
deliberated forty-eight hours before the Allen charge and returned a guilty verdict
“something less than four hours” after the charge. Id. at 1054–55. On the other
hand, the Davis court found “[s]pending seven hours deliberating before the
verdict-urging instruction and four and a half hours after the instruction is not a
suspect ratio to indicate prejudice.” 975 N.W.2d at 20. Likewise in State v. Cornell,
the court found no prejudice when the jury deliberated about fifteen hours before
reaching a seven-to-five deadlock and then returned a guilty verdict five hours after
the Allen charge. 266 N.W.2d 15, 18–20 (Iowa 1978). But Cornell did not dwell
on the ratio; it instead focused on the five hours of renewed deliberations. Id. at 20.
At bottom, we are left with this abiding rule: when the jury’s disagreement “is of
more than ordinary and usual duration” and the Allen charge dislodges a verdict
“in a time short in comparison with the duration of the disagreement, a presumption
arises that the instruction was prejudicial.” Peirce, 159 N.W. at 1055.
Here, the ratio points to coercion and prejudice. Church’s jury deliberated
nearly thirteen hours across four days before declaring its deadlock. After the Allen
charge, it returned a verdict in roughly three hours. That time was short in
the jury is to determine that the verdict returned is actually the verdict of each
individual member.” State v. Morelock, 164 N.W.2d 819, 823 (Iowa 1969). In
or body language from the jurors during polling that would indicate coercion during
the return of the verdict or in the motion for a new trial.” Davis, 975 N.W.2d at 20.
Church concedes that the jurors displayed no signs of coercion when polled.
But he contends this factor should not figure heavily in our analysis because of the
highly publicized nature of the trial and presence of media in the courtroom while
the court polled the jury. He claims it should be “no surprise” that the holdout juror
did not want to spotlight themselves after repeated clashes with the eleven other
jurors and the court’s Allen charge. We agree that while hesitation among polled
jurors would be a sign of coercion, their lack of hesitation may not be a reliable
indicator that no coercion occurred. Especially when jurors are asked to confirm
their verdict in front of the media in a high-profile murder case. But we are bound
With the time-of-deliberation ratio tipping toward coercion but the post-
verdict polling and content of the instruction tipping away, we shift to the two most
salient circumstances in this case. Those circumstances are the district court’s
unsolicited knowledge of the eleven-to-one jury split. And the unique stress placed
on that minority juror is revealed in the harsh tone of the foreperson’s notes to the
court. In three separate notes, the jury expressed its frustration with that lone
juror’s refusal to “follow the rules” and unwillingness to join the majority. As Church
argues, “any verdict urging instruction would clearly target the holdout and add to
The State contends that Piper forecloses Church’s argument that the
instruction coercive and prejudicial.” In Piper, the jury deliberated “for three full
days and two half days” before sending notes to the court stating they were
deadlocked “ten guilty,” one “not guilty,” and one “not sure.” 663 N.W.2d, at 910–
included in the original set of instructions.8 Id. at 911. The jury returned a guilty
verdict about eleven hours later. Id. Piper challenged the court’s directive as
considering, among other factors, that “the [district] court did not inquire into the
voting breakdown, albeit that information was volunteered by the foreperson in the
knowledge of a jury split when the jury volunteers that information instead of the
judge asking for it. In fact, Piper mandates that we evaluate the supplemental
charge in context and “under all the circumstances.” Id. at 911–12. When scouring
the record for the possibility of coercion, we may weigh whether the jury advised
the court of its numerical division.9 See Campbell, 294 N.W.2d at 811 (weighing
fact that court was not “informed by the jury of any ratio of disagreement”); State
v. Concord, 154 N.W. 763, 766 (1915), overruled on other grounds by State v.
instructions” was “of doubtful propriety” after “being advised that the jury stood
eleven to one”); Power, 2014 WL 2600214, at *5 (noting fact that “court was not
The weight to give that knowledge varies with each case. Here, we do not
suggest that the court knowing the jury’s eleven-one split, by itself, prohibited an
Allen charge. True, the risk of coercion may be greater in an eleven-to-one split
because the lone juror has no ally to reinforce their position. Not every holdout
Productions 1957).10 But Church is not asking for, and we are not carving out, a
special rule for lone holdouts. The question is whether the court’s actions, knowing
9 It may be best practice for trial courts to follow advice from Justice Burger and
admonish “every jury at the time it retires that it must not reveal the standing of its
vote at any time to anyone, including the trial judge, but to report only a verdict or
inability to reach one.” Mullin v. United States, 356 F.2d 368, 370 (D.C. Cir. 1966).
10 Indeed, “it’s not easy to stand alone against the ridicule of others.” Id.
13
the split, risked coercing the minority juror to “abandon their honest convictions” to
reach a verdict. Brewster v. Hetzel, 913 F.3d 1042, 1053 (11th Cir. 2019).
Critical to our decision, the district court knew more than just the split. It
knew that the jury had turned its ire on the lone holdout. In three consecutive
notes, the foreperson accused the holdout of failing to follow the rules set forth by
the court. The foreperson even conveyed that the eleven majority jurors had voted
that the holdout was “deliberately” breaking the rules and quoted the holdout as
saying they did not care. Both the judge and the jurors knew the deadlock was
being attributed to the lone holdout and that the court’s verdict-urging instruction
Even though the Allen charge did not endorse the majority’s position, we
analyze its coercive effect from the position of that minority juror. See Smalls v.
Batista, 191 F.3d 272, 280 (2d Cir. 1999) (citing United States v. Burgos, 55
F.3d 933, 940 (4th Cir. 1995) (“[Minority jurors] always know their minority status,
and if fearfully inclined, may presumably suspect a disgruntled judge can find them
out.”). Because the minority juror knew the court was aware of the split and the
majority jurors’ hostility, that juror may well have viewed the supplemental
instruction—in response to the third note—as directing the minority to join the
the majority.” See Davis 75 N.W.2d at 18. That condemnation should apply to
both the content of the instruction and its implication as reasonably perceived by
a minority juror. Batista, 191 F.3d at 280 (finding coercion even though “judge
never singled out either the minority or the majority” in the instruction).
Along with these salient circumstances, the way the district court instructed
the jury added to the risk of coercion. The court decided to give a supplemental
instruction rather than refer the jury back to its original instruction on deliberation.
See Hooks, 606 F.3d at 749 (explaining that an Allen charge separate from and
later than other instructions risks jurors giving disproportionate weight to the new
charge). The district court did not follow best practices. See Davis, 975 N.W.2d
at 22 (advising trial judges that the “best option is to closely follow the process set
out in Piper and utilize the approved ABA/ISBA instruction described in Campbell
in the initial instructions and remind the jury of this initial instruction if the jury is
deadlocked”). We recognize that the district court did not have Davis for guidance
when making its decision. But diverging from the Piper process contributed to the
open expression of animosity from the majority jurors toward the lone holdout—we
12 Reviewing similar facts, a federal circuit court found that an Allen charge was
coercive. United States v. Sae-Chua, 725 F.2d 530, 532 (9th Cir. 1984). In that
case, the judge was aware of an eleven-to-one split on conviction. And the
foreperson expressed the belief that the holdout’s persistence in voting not guilty
was “improper behavior.” Id. at 531. The court held: “Under these circumstances
the charge could only be read by the dissenting juror as being leveled at him.”
15
find that the district court should not have given the supplemental instruction. This
case differs from Davis, where the court’s verdict-urging instruction “simply
refocused the jurors on their responsibilities to go back to the jury room and
consider the evidence and each other’s opinions fairly and properly.” 975 N.W.2d
at 21. In Davis, the jury did not inform the court of its numerical division, only that
it was deadlocked. Id. And the Davis record contained no notes disparaging jurors
in the minority. Id. It also differs from Piper, where the court knew the ten-two
split, but received no information that the majority jurors negatively viewed the
minority jurors as not “following the rules.” Unlike Davis and Piper, the
circumstances here left the minority juror particularly vulnerable to the coercive
For more than a century, our courts have safeguarded the “fundamental
right” of litigants to have their jury trial “determined by an unanimous verdict, which
has the assent of every member of the panel.” Clemens v. Chicago, R.I. & P. Ry.
Co., 144 N.W. 354, 358 (1913). This fundamental right is based on the principle
that “[i]t is not the purpose of the trial to secure a verdict, but rather the verdict of
the jury, in all the fullness of the meaning of the word itself, independently and
Because Church’s right to the verdict of all the jurors was prejudiced, we reverse