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Supreme Court rejects non-unanimous jury verdicts

As expected, the Supreme Court, in Ramos v. Louisiana (U.S., Apr. 20, 2020), ruled that the Sixth Amendment right to a jury trial, as incorporated against the States by way of the Fourteenth Amendment, requires a unanimous verdict to convict a defendant of a serious offense.

Those curious about the retroactive application of this decision may wish to read the analysis posted here in October, What would be the retroactive effect if Ramos wins his case? Employing the trialdex retroactivity litigation tool, the article concluded that, on the federal level, that the "class of persons who will get a retroactive benefit of the rule is limited to defendants in Louisiana and Oregon on direct appeal who can establish that they have not waived or forfeited the issue."

(04/20/20) (permalink)

 
 
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