My Non-Unanimous Criminal Jury Case

I’ve just filed a reply brief in Herrera v. Oregon, the case in which I argue that the Jury Trial Clause, as incorporated against the states through the Fourteenth Amendment, should be read to require jury unanimity for a conviction in state court; and the Louisana Criminal Defense Lawyers Association has filed an amicus brief (thanks to them, and to lawyers G. Ben Cohen, Jee Y. Park, and Joshua Perry, for that). For those interested in the matter, here are all the documents filed at the cert stage:

  1. My petition for certiorari.
  2. The state’s Brief in Opposition.
  3. My reply brief.
  4. The amicus brief of professors who have written about jury behavior, Profs. Shari S. Diamond (Northwestern), Valerie P. Hans (Cornell), Kenneth S. Klein (Cal. Western), Stephan Landsman (DePaul), Michael J. Saks (Arizona State), Rita Simon (American), and Neil Vidmar (Duke).
  5. The amicus brief of Prof. Jeffrey B. Abramson (Texas), the author of We, the Jury: The Jury System and the Ideal of Democracy.
  6. The amicus brief of Oregon professors of criminal law and criminal procedure, Dean Margie Paris (U of Oregon) and Profs. Barbara Aldave, Leslie Harris, Carrie Leonetti, and Ofer Raban (U of Oregon), Laura Appelman and Caroline L. Davidson (Willamette), and Susan Mandiberg (Lewis & Clark).
  7. The amicus brief of the Oregon Federal Public Defender.
  8. The amicus brief of Prof. Kate Stith (Yale).
  9. The amicus brief of the Lousiana Association of Criminal Defense Lawyers.