Ramos v. Louisiana

Supreme Court of the United States · 2020 · Evidence
140 S. Ct. 1390 (2020)
Updated
EvidenceSixth Amendmentjury unanimitystate criminal trialsApodaca v. Oregonstare decisiscriminal procedureFourteenth Amendment incorporation

Facts

Apodaca had permitted States to convict criminal defendants with non-unanimous juries, and Louisiana and Oregon continued using that practice. The opinions state that only those two States employed non-unanimous juries in criminal cases. The challenged practice affected criminal defendants facing imprisonment under state convictions returned without unanimity. The opinions also discuss the historical racist origins of Louisiana's and Oregon's non-unanimous jury laws as an important consideration supporting overruling Apodaca.

Issue

Whether Apodaca v. Oregon should be overruled so that state criminal juries, like federal juries, must return unanimous verdicts to convict a defendant. Also at issue was whether stare decisis justified retaining Apodaca despite its inconsistency with prior Sixth Amendment and incorporation doctrine.

Rule

State criminal juries must be unanimous in order to convict a criminal defendant, and Apodaca v. Oregon should be overruled. In constitutional criminal-procedure cases, stare decisis is weaker where a precedent is egregiously wrong, causes significant negative consequences, and does not generate reliance interests sufficient to justify retaining it.

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Test yourself

One of 10 multiple-choice questions for this case. Pick an answer to see why.
In Phoenix, a state prosecutor charged Daniel Perez with felony burglary. At trial, 11 jurors voted guilty and 1 voted not guilty, and Arizona law purported to permit conviction by an 11-1 vote in felony cases.

On Daniel's direct appeal, what is the strongest argument about the validity of his conviction?

Explanation. State criminal juries must be unanimous to convict. The governing rule is that the Sixth Amendment unanimity requirement applies to the States, so a state felony conviction based on an 11-1 vote is unconstitutional on direct review.