Apodaca v. Oregon
Encyclopedia
Apodaca v. Oregon, is a United States Supreme Court case which held that state juries may convict a defendant by less than unanimity even though federal law required that federal juries must reach criminal verdicts unanimously. The four-justice plurality opinion of the court, written by Justice White
, affirmed the judgment of the Oregon Court of Appeals
, and held that there was no constitutional right to a unanimous verdict. Thus Oregon
's law did not violate due process.
Justice Powell, in his concurring opinion, argued that there was such a constitutional right in the Sixth Amendment
, but that the Fourteenth Amendment
's Due Process Clause does not incorporate that right as applied to the states.
This case is part of a line of cases interpreting if and how the Sixth Amendment is applied against the states through the Fourteenth Amendment for the purposes of incorporation doctrine, although the division of opinions prevented a clear-cut answer to that question in this case.
Arguing the case for the state of Oregon were Jacob Tanzer
and Lee Johnson; both would later serve on the Oregon Court of Appeals.
Byron White
Byron Raymond "Whizzer" White won fame both as a football halfback and as an associate justice of the Supreme Court of the United States. Appointed to the court by President John F. Kennedy in 1962, he served until his retirement in 1993...
, affirmed the judgment of the Oregon Court of Appeals
Oregon Court of Appeals
The Oregon Court of Appeals is the state intermediate appellate court in the U.S. state of Oregon. Part of the Oregon Judicial Department, it has ten judges and is located in Salem...
, and held that there was no constitutional right to a unanimous verdict. Thus Oregon
Oregon
Oregon is a state in the Pacific Northwest region of the United States. It is located on the Pacific coast, with Washington to the north, California to the south, Nevada on the southeast and Idaho to the east. The Columbia and Snake rivers delineate much of Oregon's northern and eastern...
's law did not violate due process.
Justice Powell, in his concurring opinion, argued that there was such a constitutional right in the Sixth Amendment
Sixth Amendment to the United States Constitution
The Sixth Amendment to the United States Constitution is the part of the United States Bill of Rights which sets forth rights related to criminal prosecutions...
, but that the Fourteenth Amendment
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...
's Due Process Clause does not incorporate that right as applied to the states.
This case is part of a line of cases interpreting if and how the Sixth Amendment is applied against the states through the Fourteenth Amendment for the purposes of incorporation doctrine, although the division of opinions prevented a clear-cut answer to that question in this case.
Arguing the case for the state of Oregon were Jacob Tanzer
Jacob Tanzer
Jacob B. Tanzer is an American attorney in the state of Oregon, United States. Prior to private practice Tanzer served as the 81st Associate Justice on the Oregon Supreme Court...
and Lee Johnson; both would later serve on the Oregon Court of Appeals.