A criminal procedure rule that’s stood for more than 50 years may be on the chopping block.
The Supreme Court has agreed to reconsider whether a six-person jury is enough for a serious felony trial.
And depending on how the Court rules, the fallout could reach thousands of convictions—and create preservation issues for cases being tried right now.
Criminal defense lawyer J. Ruffin Hunt just published a practical breakdown of what defense counsel should be thinking about before the decision comes down.
Including:
objections that may need to be preserved
whether continuances should be considered
what happens to cases already on direct appeal
and the retroactivity question nobody can answer yet
This timely read is worth five minutes before your next jury-trial conference.
-The Criminal Defense Brief