Haven't I seen this movie already, part 3

This wikilog article is a draft, it was not published yet.

by: Ryan • November 14, 2012 • no comments

Another year, another petition for cert challenging non-unanimous verdicts has reached the Supreme Court of the United States.

From SCOTUSblog:

Miller v. Louisiana

Note: Goldstein & Russell, P.C., whose attorneys work for or contribute to this blog in various capacities, serves as co-counsel to the petitioner in this case, which is listed without regard to the likelihood that it will be granted. Docket: 12-162 Issue(s): Whether the Sixth Amendment right to jury trial, as applied to the states through the Fourteenth Amendment, allows a criminal conviction based on a nonunanimous jury verdict.

Petition, BIA, amicus briefs can all be found here.

Will this time be any different? Apodaca wasn't a firmly grounded opinion from the minute it was issued (being a plurality opinion). It's analysis has also been undermined by recent 14th Amendment case law, at least in whether the 2nd Amendment applied to state law.

But the Court had a chance last year to accept cert and declined, after showing some initial interest.