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Supreme Court to consider retroactive effect of Ramos

See the post below regarding the Supreme Court's decision last month in Ramos v. Louisiana, and a link to my post from last year explaining the decision's unlikely retroactive effect. Today, the Court granted cert in Edwards v. Vannoy, No. 19-5807, to determine whether "the Supreme Court’s decision in Ramos v. Louisiana applies retroactively to cases on federal collateral review."

Collateral review guru Kent Scheidegger is also skeptical about the petitioner's chances in this one, but notes that the issue has not really been briefed yet, so we will have to wait and see what Edwards' counsel comes up with.

On a personal note, I spent half of my career prosecuting cases in Oregon, one of the two states that authorized non-unanimous verdicts. I can't recall that anybody ever challenged or complained about it. The rule presumably cut down on the number of hung juries, but not to any significant degree. Some defendants would probably prefer to take their chances on a 10-2 verdict to the expense and stress of multiple trials.

(05/04/20) (permalink)

 
 
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