Thursday, Feb. 17, 2011

High court asked to end non-unanimous convictions

By MARK SHERMAN Associated Press

WASHINGTON (AP) - Almost anywhere in the United States, two holdouts among 12 jurors would prevent a conviction.

Unfortunately for Troy Barbour, his trial for attempted murder took place in Louisiana, where he got 48 years in prison after a jury convicted him on a 10-2 vote.

Now Barbour is asking the Supreme Court to end the practice - used only in Louisiana and Oregon - that allows convictions on some crimes despite disagreement among jurors.

The justices meet privately Friday, and Barbour's case is among hundreds they are expected to decide whether to hear or stay out of.

The court has held that the Sixth Amendment requires unanimous verdicts in federal criminal cases. But nearly 40 years ago, it ruled that nothing in the Constitution bars states from allowing some non-unanimous convictions.

2011-02-17     18:10:53 GMT

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