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"McDonald Signals The End Of Oregon?s Non-Unanimous Jury Rule"

By Douglas A. Berman

The title of this post is the headline from this entry by Steve Sady at the Ninth Circuit Blog.  This post thoroughly and effectively walks through why and how the full incorporation holding in the McDonald Second Amendment case could and should eventually bring the demise of a less rigorous approach to the Sixth Amendment jury trial right in the states.  Here is how Sady's post starts: The Supreme Court?s opinion in McDonald, which extended the federal Second Amendment protections in identical form to the States, should finally bring an end to Oregon?s deviant non-unanimous jury rule.  Assistant Federal Public Defender Renée Manes has been campaigning against the injustice of non-unanimous juries in what is probably the least friendly forum for such challenges: federal habeas corpus under the extremely restrictive standards of the Antiterrorism and Effective Death Penalty Act of 1996...continue to full post

Full post as published by Sentencing Law and Policy on July 08, 2010 (boomark / email).