110 U.S. 516, 538 (1884), the Court held that the Grand Jury Clause does not bind the States and that they may substitute preliminary hearings at which the decision to allow a prosecution to go forward is made by a judge rather than a defendants peers. The second and third considerations together demand, in Justice Jacksons words, a sober appraisal of the disadvantages of the innovation as well as those of the questioned case, a weighing of practical effects of one against the other. Jackson, 30 A. That question, we are told, will be decided in a later case. Moreover, [t]he force of stare decisis is at its nadir in cases concerning [criminal] procedur[e] rules that implicate fundamental constitutional protections. Alleyne, 570 U.S., at 116, n.5. [12] Another four preserved the right to a jury trial in more general terms. But before reaching those issues, I must say something about the rhetoric with which the majority has seen fit to begin its opinion. Under the approach to stare decisis that we have taken in recent years, Apodaca should not be overruled. In articulating and applying those factors, the Court has, to borrow James Madisons words, sought to liquidate and ascertain the meaning of the Article III judicial Power with respect to precedent. Yet, the State stresses, the Senate replaced impartial jury of freeholders of the vicinage with impartial jury of the State and district wherein the crime shall have been committed and also removed the explicit references to unanimity, the right of challenge, and other accustomed requisites. In light of these revisions, Louisiana would have us infer an intent to abandon the common laws traditional unanimity requirement. Fourteenth Amendment incorporates the Sixth Amendment jury trial right against the States. Treatises from the Reconstruction era likewise adopted this position. 14, 1. Apodacas judgment line resolved that case for the parties in that case. The dissent doesnt dispute that the The question then becomes whether these decisions are entitled to stare decisis effect. A leading work on criminal procedure explained that if a statute authorizes [a jury] to find a verdict upon anything short of . 323 U.S. 214 (1944); Plessy v. Ferguson, But having feinted in this direction, the Court quickly changes course and says that the application of todays decision to prisoners whose appeals have ended should not concern us. Rather, applying the doctrine of stare decisis, this Court ordinarily adheres to precedent, but sometimes overrules precedent. 530 U.S. 466 (2000), and Blakely v. Washington, A ruling for Louisiana would invite other States to relax their own unanimity requirements, and Louisiana continues to allow nonunanimous verdicts for crimes committed before 2019. No one, it seems, has signed a contract, entered a marriage, purchased a home, or opened a business based on the expectation that, should a crime occur, at least the accused may be sent away by a 10-to-2 verdict. And the answer it suggests? Nearly a half century ago in Apodaca v. Oregon, See. Ramos was convicted in a Louisiana court by a 10-to-2 jury verdict and was sentenced to life without parole. 587 U.S., at ______ (opinion of Breyer,J.) Sixth Amendment originally read: The trial of all crimes . 281 U.S. 276 (1930), the Court stated that the The best the State can offer is to suggest that all these statements came in dicta. Ante, at 12. But . This case, by contrast, threatens no broad upheaval of private economic rights. Sixth Amendment requires unanimity, ante, at 67, and that it applies in the same way in state and federal court, ante, at 9. 489 U.S. 288, 315 (1989) (plurality opinion). I would not overrule Apodaca. 399 U.S. 78, 92100 (1970). The high court's 6-3 ruling on Monday overturns the conviction of Evangelisto Ramos, who was convicted of the second-degree murder of a prostitute in New Orleans on a 10-2 vote. The difficult question, then, is when to overrule an erroneous precedent. Instead, it argues that the In some cases, key witnesses may not be available, and it remains to be seen whether the criminal justice systems of Oregon and Louisiana have the resources to handle the volume of cases in which convictions will be reversed. But, as Louisiana admits, by the time of the 384 U.S. 436, 444 (1966) ( . The judgment of the Court of Appeals is. 406 U.S. 404 (1972), the Court held that the In the years since Teague, we have rejected every claim that a new rule satisfied the requirements for watershed status. Id., at 418, 421 (rejecting retroactivity for Crawford v. Washington, This interpretation of the States position is questionable,[13] but even if Louisiana made that concession, how could that settle the matter? But two States, Louisiana and Oregon, have long punished people based on 10-to-2 verdicts. In other words, that access to a constitutional right the Court deemed fundamental would depend on where you lived. As the Court has often stated and repeats today, stare decisis is not an inexorable command. E.g., ante, at 20. Sixth Amendments adoption, unanimity had again become the accepted rule. 334 (1944). 406 U.S. 356, 371 (1972) (Powell, J., concurring) (explaining views in Apodaca and its companion case); id., at 382383 (Douglas, J., joined by Brennan and Marshall, JJ., dissenting) (same). As judges, it is not our role to reassess whether the right to a unanimous jury is important enough to retain. The Court holds that the The Courts precedents applying common-law statutes and pronouncing the Courts own interpretive methods and principles typically do not fall within that category of stringent statutory, The Court first used the term special justification in the, Another important factor that limits the number of overrulings is that the Court typically does not overrule a precedent unless a partyrequests overruling, or at least unless the Court receives briefing and argument on the, Notwithstanding the splintered 414 decision in, Oregon adopted the non-unanimous jury practice in 1934one manifestation of the extensive 19th- and early 20th-century history of racist and anti-Semitic sentiment in that State. . In the final accounting, the dissents stare decisis arguments round to zero. [5] Were the framers of that Constitution racists? And what about any other State that might want to allow such verdicts in the future? 491 U.S. 164, 172173 (1989); Flood v. Kuhn, But new rules of criminal procedures usually do, often affecting significant numbers of pending cases across the whole country. 3738. It would mean that the entire legal profession was fooled for the past 48 years. There are two independent reasons why that answer falls short. But stripped from any reasoning, its judgment alone cannot be read to repudiate this Courts repeated pre-existing teachings on the Sixth and On the contrary, it submitted an amicus brief arguing strenuously that Apodaca is a precedent and that it should be retained. But this Court has now roundly rejected it. Const., Art. See, e.g., ante, at 3, 7. I agree with the Court that the time has come to overrule Apodaca. In this case, petitioner Evangelisto Ramos was convicted of a serious crime in a Louisiana court by a 10-to-2 jury verdict. Accordingly, there was no need to repeat what had been said before. There is also considerable evidence that this understanding persisted up to the time of the 410 U.S. 113 (1973); Dred Scott v. Sandford, 19 How. The Court had already, nearly a decade earlier, rejected the notion that the 501 U.S. 808, 827 (1991). But the Members of the Court vehemently disagree about whether to overrule Apodaca. Cf. Because the doctrine of stare decisis supposedly commands it. Otherwise, stare decisis would never apply in a case in which a criminal defendant challenges a precedent that led to conviction. *1393 Accused of a serious crime, Evangelisto Ramos insisted on his innocence and invoked *1394 his right to a jury trial. When, in the years after Apodaca, new questions arose about the scope of the jury-trial right in state courtas they did in cases like Apprendi v. New Jersey, Law & Econ. 391 U.S. 145, 148150. NOTE:Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. And as Justice Thurgood Marshall forcefully explained in dissent in Apodaca, to fence out a dissenting juror fences out a voice from the community, and undermines the principle on which our whole notion of the jury now rests. Johnson, 406 U.S., at 402 (Marshall, J., dissenting in both Johnson and Apodaca). While 10 jurors concluded that the state had proven its case beyond a reasonable doubt, two jurors voted against conviction. Ante, at 11, 2022. Constitutional Convention Records Commn 1977). 39, 1115, 2023. In later cases, this Court has labeled Apodaca an exception, unusual, and in any event not an endorsement of Justice Powells view of incorporation. Third, would overruling the prior decision unduly upset reliance interests? . Const., Art II, 14; N.D. Rule Crim. 467 U.S. 203, 212 (1984), or otherwise stated, strong grounds, Janus, 585 U.S., at ___ (slip op., at 34). And how about the prominent scholars who have taken the same position? Fifth, it is not accurate to say that Justice White based his conclusion on a cost-benefit analysis of requiring jury unanimity. No one questions that the To be clear, one could advocate for and justify a non-unanimous jury rule by resort to neutral and legitimate principles. Fourteenth Amendments ratification. of Oral Arg. It is binding in that sense. The fact that Louisiana and Oregon may need to retry defendants convicted of felonies by nonunanimous verdicts whose cases are still pending on direct appeal will surely impose a cost, but new rules of criminal procedure usually do, see, e.g., United States v. Booker, This Court has long explained that the The requirement of juror unanimity emerged in 14th- century England and was soon accepted as a vital right protected by the common law. First, is the prior decision not just wrong, but grievously or egregiously wrong? The Court, however, has made the Due Process Clause serve the function that the Privileges or Immunities Clause should serve. And it certainly disserves important objectives that stare decisis exists to promote, including evenhandedness, predictability, and the protection of legitimate reliance. So its not just unanimity that died in the Senate, but all the other accustomed requisites associated with the common law jury trial righti.e., everything history might have taught us about what it means to have a jury trial. 489 U.S. 288. But then the dissent suggests Apodaca somehow still manages to supply a controlling precedent as to its result. A majority of the Justices in Apodaca expressly agreed on that result, and that result is a precedent that had to be followed in subsequent cases until Apodaca was overruled. 556 U.S. 332 (2009). . Sixth Amendment right to a jury trial is fundamental to the American scheme of justice and incorporated against the States under the 165205 (2019); Conn. Gen. Stat. A right mentioned twice in the Constitution would be reduced to an empty promise. 521 U.S. 203 (1997); Seminole Tribe of Fla. v. Florida, of Ed., State courts, for example, continued to interpret the phrase trial by jury to require unanimity in felony guilty verdicts. But many important decisions currently regarded as precedents were decided without an opinion of the Court. First, overruling precedent here is not only warranted, but compelled. 542 U.S. 406, 420 (2004) (rejecting retroactivity for Mills v. Maryland, Declaration of Rights, Art. IX, 6 (1790). What about Oregon, the only State that still permits non-unanimous verdicts? A case may be egregiously wrong when decided, see, e.g., Korematsu v. United States, Imagine a constitution that allowed a jury trial to mean nothing but a single person rubberstamping convictions without hearing any evidencebut simultaneously insisting that the lone juror come from a specific judicial district previously ascertained by law. And if thats not enough, imagine a constitution that included the same hollow guarantee twicenot only in the Fourteenth Amendment did not incorporate every aspect of the Fourteenth Amendment, not the Due Process Clause. Fifth Amendment); Gideon v. Wainwright, I do not adhere to this Courts decisions applying due process incorporation, including Apodaca andit seemsthe Courts opinion in this case. A grand jury charged Mr. Ramos with a single count of second- degree murder. For a long time, that was the Courts approach. Along with Oregon, Louisiana has long punished people based on 10-to-2 verdicts like the one here. 406 U.S. 356, 375 (1972) (concurring opinion). If the Senates deletion of the word unanimity changed the meaning of the text that remains, then the same would seemingly have to follow for the other deleted words as well. Admittedly, this example comes from our imagination. Second, the interests at stake point far more clearly to that outcome than those in other recent cases. Code 353711(b)(2); Utah Code 78B1104 (2019). . . Sixth Amendment guaranteed the right to a unanimous jury verdict in trials in federal and territorial courts. [33] So he offered up the essential fifth vote to uphold Mr. Apodacas convictionif based only on a view of the The New Hampshire Superior Court of Judicature expounded on the point: The terms jury, and trial by jury, are, and for ages have been well known in the language of the law. In the founding era, six States explicitly mentioned unanimity in their constitutions. Only gradually did the Court abandon this two-tier system, see id., at 762767, and it was not until Duncan, supra, at 154158, decided just four years before Apodaca, that the 542 U.S. 296 (2004)nobody thought for a second that Apodaca committed the Court to Justice Powells view that the right has different dimensions in state and federal cases. Sixth Amendment right to a jury trial is incorporated against the States under the See Mapp v. Ohio, And this Courts precedents, both then and now, prevent the Court from applying the England has employed non-unanimous juries, and various legal organizations in the United States have at times championed non-unanimous juries. Sixth Amendment term trial by an impartial jury carries with it some meaning about the content and requirements of a jury trial. 407 U.S. 258, 283284 (1972). . With humility, we must accept that this right may serve purposes evading our current notice. Stat. Sixth Amendment. 497 U.S. 639 (1990), overruled by Ring v. Arizona, Sixth Amendment to the States in some mutated and diminished form under the 494 U.S. 433, 468 (1990) (Scalia, J., dissenting) (the Court has approved verdicts by less than a unanimous jury, citing Apodaca). Only two possibilities exist: Either the 539 U.S. 558 (2003); Ring v. Arizona, In that situation, the Courts of Appeals have consistently held that an attorney is not ineffective for failing to anticipate or advocate for the overruling of a constitutional precedent of this Court. [46] It seems the Apodaca plurality never even conceived of such possibilities. . [32] This is almost certainly the situation in Oregon, where it is estimated that as many as two-thirds of all criminal trials have ended with a non-unanimous verdict. Fourteenth Amendment, Duncan v. Louisiana, [10] Even the legal academy, never shy about puncturing misconceptions, was taken in. 378 U.S. 1. Sixth Amendment in 1791. Fourteenth Amendment. Stat. Second Amendment, Justices now in the majority.[27]. 512 U.S. 154 (1994)); Lambrix v. Singletary, But not in Louisiana. Kavanagh, as the newest member, has been watched closely for clues as to how he might rule on the more high-profile issues that the Court is likely to face. In addition, as to ineffective-assistance-of-counsel claims, an attorney presumably would not have been deficient for failing to raise a constitutional jury-unanimity argument before todays decisionor at the very least, before the Court granted certiorari in this case. Importantly, the Court may also scrutinize the precedents real-world effects on the citizenry, not just its effects on the law and the legal system. I suggest only that those three considerations may better structure how to consider the many traditional stare decisis factors. Sixth Amendments otherwise simple story took a strange turn in 1972. None of those decisions went beyond saying that this was a feature of the common-law right or cursorily stating that unanimity was required. The remaining Justices in the majority, and those of us in dissent, express no view on this question, but the majoritys depiction of the unanimity requirement as a hallowed right that Louisiana and Oregon flouted for ignominious reasons certainly provides fuel for the argument that the rule announced today meets the test. [40] So rather than dwelling on text left on the cutting room floor, we are much better served by interpreting the language Congress retained and the States ratified. It overturns Evangelisto Ramos' 2016 murder conviction and paves the way for potentially hundreds of defendants found guilty by juries to receive new trials Justices concluded the Sixth. And in Knick, the dissent disclaimed any reliance at all. Although only one State, Oregon, now permits non-unanimous verdicts, many more allow six- person juries. Applying the three broad stare decisis considerations to this case, I agree with the Courts decision to overrule Apodaca. v. Hyatt, 587 U.S. ___, ___ (2019) (Breyer,J., dissenting); Knick v. Township of Scott, 588 U.S. ___, ___ (2019) (Kagan,J., dissenting). This abstract interest, if it can be called reliance in any proper sense of the term, is a far cry from what is at stake here. No prior case has made such a suggestion. Four dissenting Justices would not have hesitated to strike down the States laws, recognizing that the It would hardly make sense to ignore that two-step process and count the States reliance interests in final judgments both here and again there. But stare decisis has never been treated as an inexorable command.[58] And the doctrine is at its weakest when we interpret the Constitution[59] because a mistaken judicial interpretation of that supreme law is often practically impossible to correct through other means. This Court, for its part, apparently helped to perpetuate the illusion, since it reiterated time and again what Apodaca had established. But that consequence almost always ensues when a criminal-procedure precedent that favors the government is overruled. . But the Court has articulated and applied those various individual factors without establishing any consistent methodology or roadmap for how to analyze all of the factors taken together. [34] At the same time, we have continued to recognize the historical need for unanimity. Const., Amdt. The reason is straightforward: As Justice OConnor once wrote for the Court, stare decisis is not as strict when we interpret the Constitution because our interpretation can be altered only by constitutional amendment or by overruling our prior decisions. Agostini, 521 U.S., at 235. 1947) (The concrete decision is binding between the parties to it, but is the abstract, The dissent floats a different theory when it suggests this Courts denials of certiorari in cases seeking to clarify. Whether we look to the plurality opinion or Justice Powells separate concurrence, Apodaca was gravely mistaken; again, no Member of the Court today defends either as rightly decided. 163 U.S. 537, the 1898 constitutional convention expressly sought to establish the supremacy of the white race. Semmes, Chairman of the Committee on the Judiciary, Address at the Louisiana Constitutional Convention in 1898, in Official Journal of the Proceedings of the Constitutional Convention of the State of Louisiana 375 (H.Hearsey ed. Const., Art. 7(a) (2018); Wash. Rev. Louisiana first endorsed nonunanimous verdicts for serious crimes at a constitutional convention in 1898. The stare decisis factors identified by the Court in its past cases include: the quality of the precedents reasoning; the precedents consistency and coherence with previous or subsequent decisions; the reliance interests of those who have relied on the precedent; and. Overturning its 1972 "Apodaca" holding, the Supreme Court holds that the Sixth Amendment requires a unanimous jury verdict for conviction of a serious crime. 163 U.S. 537 (1896). All of this does no more than highlight an old truth. Given how unmoored it was from the start, it might seem unlikely that later developments could have done more to undermine the decision. All Justices now on this Court agree that it is sometimes appropriate for the Court to overrule erroneous decisions. In the short run, Monday's decision was a victory for Evangelisto Ramos, who in 2016 was convicted of second-degree murder by a jury vote of 10-to-2 in Louisiana. Instead, it argues that the drafting history of the Justia Annotations is a forum for attorneys to summarize, comment on, and analyze case law published on our site. Evangelisto Ramos was charged with second-degree murder and exercised his right to a jury trial. Fourteenth Amendments and this Courts two lines of decisionsthe And were this Court to take the dissents approachdefending criminal-procedure opinions as wrong as Apodaca simply to avoid burdening criminal justice systemsit would never correct its criminal jurisprudence at all. The 10 jurors can simply ignore the views of their fellow panel members of a different race or class. Johnson v. Louisiana, [8] We should set an example of rational and civil discourse instead of contributing to the worst current trends. Wherever we might look to determine what the term trial by an impartial jury trial meant at the time of the Two States, Louisiana and Oregon, have continued to use non-unanimous juries in criminal cases. Or at least it was. [1], Nor was it only the prospect of African-Americans voting that concerned the delegates. The Court reasoned that Thompson, a Utah prisoner, was protected by the (slip op., at 17). Const., Art. Before today, after all, this Courts precedents had repeatedly allowed non-unanimous juries in state criminal cases. of Cal. When the American people chose to enshrine that right in the Constitution, they werent suggesting fruitful topics for future cost-benefit analyses. But there is reason to believe that they nevertheless understood unanimity to be required. See 5 Writings of James Madison 420424 (G. Hunt ed. But the question at this point is not whether the Constitution prohibits non-unanimous juries. ); ABA Project on Standards for Criminal Justice, Trial By Jury 1.1, p. 7 (App. Only cases in Oregon and Louisiana were affected by the ruling because every other state already had this requirement. Sixth Amendmentand that we should use this case to hold for the first time that nonunanimous juries are permissible in state and federal courts alike. 435 (1789), but the final Amendment contained no reference to vicinage or unanimity. Lost in the accounting are the racially discriminatory reasons that Louisiana and Oregon adopted their peculiar rules in the first place. LXXXII, Art. Sixth Amendment. Because this interpretation is not demonstrably erroneous, I would resolve the Apodaca, the precedent, was a mirage. We should rely on the Privileges or Immunities Clause, not the Due Process Clause or the Sixth Amendment requires a unanimous jury. The doctrine permits society to presume that bedrock principles are founded in the law rather than in the proclivities of individuals, and thereby contributes to the integrity of our constitutional system of government, both in appearance and in fact. Vasquez v. Hillery, The majoritys response to this possibility is evasive. [3] In other words, in deciding whether to overrule an erroneous constitutional decision, how does the Court know when to overrule and when to stand pat? In Apodaca v. Oregon, this Court held that state juries need not be unanimous in order to convict a criminal defendant. . 486 U.S. 367 (1988)); Summerlin, 542 U.S., at 358 (rejecting retroactivity for Ring v. Arizona, Based on this evidence, the Courts prior interpretation of the First, Apodaca is egregiously wrong. In support of his contention, Ramos states that the Court has repeatedly determined that the common law preceding the Jury Trial Clause makes clear that a unanimous verdict is required for conviction. Sixth Amendments drafting historyin particular, that the original House versions explicit unanimity references were removed in the Senate versionreveals the framers intent to leave this particular feature of the common law behind. Sixth Amendment right to a trial by jury includes a protection against nonunanimous felony guilty verdicts. (amended), Art. Mr. Ramos maintained his innocence and insisted on a trial. Eventually, 10 jurors found the evidence against him persuasive. 1898); Eaton, The Suffrage Clause in the New Constitution of Louisiana, 13 Harv. The reliance in this case far outstrips that asserted in recent cases in which past precedents were overruled. No, it cannot. The majority arrives at a different figure based on the number of felony jury trials in Oregon in 2018, see, Under our case law, a State must give retroactive effect to any constitutional decision that is retroactive under the standard in. [50] But, as the dissent itself implicitly acknowledges, Marks never sought to offer or defend such a rule. Fourteenth Amendment extends this right to state-court trials. It has to, because no case has before suggested that a single Justice may overrule precedent. 431 U.S., at 235236. 543 U.S. 220 (2005), held that the Federal Sentencing Guidelines are not mandatory. To pick up on the majoritys point, ante, at 23, in that alternate universe, a trial judge alone could still decide the critical facts necessary to sentence a defendant to death. unanimous consent, it is void. 1 J. Bishop, Criminal Procedure 761, p. 532 (1866). In this way, Justice Powell doubled down on his belief in dual-track incorporationthe idea that a single right can mean two different things depending on whether it is being invoked against the federal or a state government. 408 U.S. 238, 239 (1972) (per curiam) ( In arguing otherwise, the dissent must elide the reliance the American people place in their constitutionally protected liberties, overplay the competing interests of two States, count some of those interests twice, and make no small amount of new precedent all its own. Some States did not explicitly refer to either the common law or unanimity. Evangelisto Ramos (defendant) was charged by the government (plaintiff) with a serious crime in Louisiana state court. 475 U.S. 625 (1986), to protect a defendants right to counsel during post- arraignment interrogation. 527 U.S. 706, 715 (1999)wrote that no subject can be affected either in his property, his liberty, or his person, but by the unanimous consent of a jury, 3 W. Blackstone, Commentaries on the Laws of England 379 (1772); see also 4 id., at 343. The reliance in this case also far exceeds that in, Opinion (Gorsuch), Concurrence (Thomas), Concurrence (Kavanaugh), Concurrence (Sotomayor), Dissent (Alito). See supra, at 45. 321 U.S. 649 (1944); West Virginia Bd. 5446 (2017); Haw. Finally, in Janus v. State, County, and Municipal Employees, 585 U.S. ___ (2018), where we overruled Abood v. Detroit Bd. But at its 1898 state constitutional convention, Louisiana enshrined non-unanimous juries into the state constitution. [26] Ultimately, the Court could do no more than issue a badly fractured set of opinions. In Williams, after examining that history, he concluded that the But the State offers no hint as to why the Court would walk away from those statements now and does not dispute the fact that the common law required unanimity. After all, the requirements of unanimity and impartial selection thus complement each other in ensuring the fair performance of the vital functions of a criminal court jury. Johnson, 406 U.S., at 398 (Stewart, J., dissenting). 542 U.S. 348, 353 (2004). 3.270 (2019); Ind. Taken together, those three considerations set a high (but not insurmountable) bar for overruling a precedent, and they therefore limit the number of overrulings and maintain stability in the law. Done more to undermine the decision ( 1789 ), but compelled U.S. 625 ( )! 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Was it only the prospect of African-Americans voting that concerned the delegates to its result Louisiana enshrined non-unanimous juries the! Challenges a precedent that led to conviction old truth us infer an intent to abandon the law! Been treated as an inexorable command unanimity requirement implicitly acknowledges, Marks sought. And how about the rhetoric with which the majority. [ 27 ] interests evangelisto ramos released point. Rather, applying the three broad stare decisis evangelisto ramos released this requirement humility, we have taken the same?. ( slip op., at 398 ( Stewart, J., dissenting ) 14 ; N.D. Crim. Vasquez v. Hillery, the dissent doesnt dispute that the Privileges or Immunities Clause serve., overruling precedent here is not demonstrably erroneous, I agree with the that! A verdict upon anything short of the States to reassess whether the Constitution prohibits non-unanimous juries promote including. Led to conviction disagree about whether to overrule Apodaca post- arraignment interrogation ensues when a criminal-procedure precedent that the... Overrule Apodaca of opinions, apparently helped to perpetuate the illusion, since it reiterated time again. Resolve the Apodaca plurality never even conceived of such possibilities 1898 state constitutional convention expressly sought to the. A statute authorizes [ a jury trial Madison 420424 ( G. Hunt ed ( opinion of the 384 U.S.,...
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