Nearly 40 years ago, the U.S. Supreme Court found no constitutional problem with nonunanimous jury verdicts in serious state criminal trials. Have modern jury research and the justices' own recent rulings turned that 1972 precedent into an unconstitutional anachronism? Lawyers for a Louisiana inmate say the answer is yes, and they make the argument in a petition asking the justices to overturn Apodaca v. Oregon.
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Divided on unanimity
The National Law Journal
September 1, 2008
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