context: We agree with the State that the mere theoretical availability of partial verdicts does not necessitate a further inquiry by the trial court where, for example, no party has requested a partial verdict be taken or the jury does not indicate that it has reached one.
citation_a.signal: see
citation_a.identifier: 596 F.2d 76, 82
citation_a.parenthetical: declining to adopt "a per se rule that a mistrial is improperly declared whenever the trial judge fails to specifically inquire as to the possibility of a partial verdict"
citation_a.sentence: See, e.g., United States v. DiLapi, 651 F.2d 140, 147 (2d Cir.1981) (noting that “the absence of such an explanation [by the trial court regarding the jury’s right to return a partial verdict] did not deny the appellants any protected right in a case such as this where the jury neither attempted to return a partial verdict nor even asked if it could do so”); United States v. MacQueen, 596 F.2d 76, 82 (2d Cir.1979) (declining to adopt “a per se rule that a mistrial is improperly declared whenever the trial judge fails to specifically inquire as to the possibility of a partial verdict”); Whiteaker v. State, 808 P.2d 270, 277 (Alaska Ct.App.1991) (declining “to place a burden on the trial judge to sua sponte inquire further or perform a special poll of jurors who deliberate on cases involving lesser included offenses”); Speaks v. United States, 617 A.2d 942, 952 (D.C.1992) (noting that imposing a sua sponte obligation on a trial judge to inquire regarding partial verdicts where not requested by defense counsel or indicated by the jury “threatens to disrupt the fine line which a trial judge must tread with respect to partial verdicts”).
citation_b.signal: but see
citation_b.parenthetical: determining that no manifest necessity to declare a mistrial without a defendant's consent exists without the trial judge inquiring whether the jury reached a partial verdict
citation_b.sentence: But see State v. Castrillo, 90 N.M. 608, 566 P.2d 1146, 1151-52 (1977), overruled on other grounds, State v. Wardlow, 95 N.M. 585, 624 P.2d 527 (1981) (determining that no manifest necessity to declare a mistrial without a defendant’s consent exists without the trial judge inquiring whether the jury reached a partial verdict).