Wednesday, October 09, 2019

MORE INTERESTING STUFF FOR SCOTUS THIS TERM

by Bob Walsh

SCOTUS is considering a 47 year old law that requires unanimity in criminal trial verdicts on the federal level, but makes no such requirement on state trials. This case hinges on a ruling from Louisiana where a man is doing life for murder on a 10-2 jury vote. Oregon is the only other state that does not require unanimity in criminal verdicts. Louisiana has changed their law, but the change was not retroactive and only took effect this year.

In another interesting criminal matter the court is likely going to determine whether or not state courts have to allow criminal defendants to use a "not guilty by reason of insanity" defense. Kansas, Idaho, Montana and Utah do not permit an insanity defense at all, and Alaska severely limits its use.

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