Appellate arguments split over whether trial judge should have given ‘courtesy’ jury instruction in Walker case

An appellate court heard competing arguments about whether the trial court in Shelby County erred by failing to give a so‑called courtesy instruction after jurors sent notes asking about premeditation and unanimity.

The defense argued the jury’s notes—including that it was “unsure how to define judgment as it reflects to premeditation” and a later question asking, “If the jurors cannot agree on the first count … must we then all agree on a unanimous not guilty plea before moving to the lesser included offense?”—showed the panel was struggling toward a deadlock and that the trial court should have given a courtesy instruction designed to protect minority jurors from yielding to the majority. “Unanimous jury verdicts are probably at the very top,” defense counsel said, arguing the omission amounted to plain error that could…