Herrera v. Oregon challenges Oregon's use of non-unanimous verdicts. As some may know, Oregon and Louisiana are the only two states to allow for non-unanimous verdicts. The Supreme Court punted on this last term (Bowen v. Oregon) but there is a chance that they may take up the issue this time. The reply briefs were recently filed.
There have been numerous articles (here and here) in the media urging the Supreme Court to put an end to non-unamimous verdicts. Some have also suggested that the Court's recent decision in McDonald v. Chicago, which extended the federal Second Amendment protections to the States, spells the end for non-unanimous verdicts. As some may recall, the Supreme Court in Apodaca v. Oregon held that unanimous jury verdicts were required in federal courts but not state courts. For a defense of non-unanimous verdicts go here and here.
For more information and material on Herrera see the Volokh Conspiracy Blog.
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