to the arguments” of other jurors “with a distrust of [their] own judgment,” particularly when “a large majority of the jury tak[es] a different view of the case.” Id. at 501-02, 17 S.Ct. 154. For that very reason, the use of an Allen charge to encourage jury unanimity “has long been sanctioned” by the Supreme Court. Lowenfield, 484 U.S. at 237, 108 S.Ct. 546. The need for unanimity, however, is reduced in the context of penalty-phase proceedings because a deadlocked jury will not result in a mistrial. Okla. Stat. Ann. tit. 21, § 701.11 (providing that “[i]f the jury cannot, within a reasonable time, agree as to punishment, the judge shall dismiss the jury and impose a sentence of imprisonment for life” with or without parole); see also Lowenfield, 484 U.S. at 238, 108 S.Ct. 546 (<HOLDING>). Nevertheless, the state retains “a strong
holding that putative employers control over result but not manner in which work was performed is factor that weighs in favor of independent contractor status holding it is a question of fact recognizing thomas methodology but noting that it is not mandatory recognizing identical feature of louisiana law reduced need for unanimity noting that fact obviously weighs in the constitutional calculus but ultimately concluding it is not dispositive holding that it is not