Does the Fourteenth Amendment equal protection laws require a state judge be found to commit reversible error to give a supplemental charge or an 'Allen charge' to a jury instructing it to consider the expense to the government of a new trial as held by the Third Circuit Court of Appeals in Burley?

QUESTION PRESENTED In United States v. Burley, 460 F.2d 998 (3d Cir. 1972), the Court of Appeals held a federal district judge commits reversible error to give a supplemental charge -or an "Allen charge" to a jury instructing it to consider the expense to the government of a new trial. Id. 460 F.2d at 999. . While the Third Circuit Court of Appeals has found that a federal district judge commits reversible error to give a supplemental charge or an "Allen charge"to a jury instructing it to consider the expense to the government of a new trial, the Burley decision does not govern Pennsylvania state courts and does not apply to federal court's review of a lawyer's assistance in a Pennsylvania trial. The case thus presents the following question: 1. Does the Fourteenth Amendment equal protection laws require a state judge be found to commit reversible error to give a supplemental charge or an "Allen charge" to a jury instructing it to consider the expense to the government of a new trial as held by the Third Circuit Court of Appeals in Burley?