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377, 397 (1996). As all three justices note, Louisiana enacted its law as a Jim Crow measure to prevent one or two black jurors from having an impact on the verdict. Two other Justices in the majority acknowledge that Apodaca was a precedent and thus would presumably regard today’s decision as a “new rule,” but the question remains whether today’s decision qualifies as a “watershed rule.” Justice Kavanaugh concludes that it does not and all but decides—without briefing or argument—that the decision will not apply retroactively on federal collateral review and similarly that there will be no successful claims of ineffective assistance of counsel for failing to challenge Apodaca.

It begins by hinting that today’s decision will not apply on collateral review under the framework adopted in Teague v. Lane, be confirmed by the unanimous suffrage of twelve of his equals and neighbors, indifferently chosen, and superior to all suspicion.”[10] A “ ‘verdict, taken from eleven, was no verdict’ ” at all. Accused of a serious crime, Evangelisto Ramos insisted on his innocence and invoked his right to a jury trial.

After reiterating the history recounted by the majority, he eventually acknowledges that there are "neutral and legitimate" reasons for allowing non-unanimous verdicts and that Louisiana may have retained a version of its old rule for such reasons. Accordingly, it is impossible to see how a full-blown decision of this Court reaching the same result can be regarded as a non-precedent.12. I have already rejected our due process incorporation cases as demonstrably erroneous, and I fundamentally disagree with applying that theory of incorporation simply because it reaches the same result in the case before us. Const., Art.

In particular, both sides admit that Justice Powell's opinion cannot bind us—precisely because he relied on a dual-track rule of incorporation that an unbroken line of majority opinions before and after Apodaca has rejected. Historically, moreover, some of the Court's most notable and consequential decisions have entailed overruling precedent. The principle that "it is more important that the applicable rule of law be settled than that it be settled right" is "commonly true even where the error is a matter of serious concern, provided correction can be had by legislation." To be clear, one could advocate for and justify a non-unanimous jury rule by resort to neutral and legitimate principles.

A. J., at 334. Instead, the only reliance interests that might be asserted here fall into two categories.

But stare decisis teaches that we should exercise that authority sparingly.”[29] Kagan then quoted Spider-Man, stating, “(‘[i]n this world, with great power there must also come – great responsibility’). For 48 years, Louisiana and Oregon, trusting that Apodaca is good law, have conducted thousands and thousands of trials under rules allowing non-unanimous verdicts.

In 1970, the Supreme Court was asked to determine if a state could convict someone of a criminal charge with only a six-member jury (Williams v. Florida). 472 U.S. 320 (1985)); see also Allen v. Hardy,

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