Robert Lee Heard, Jr. v. Louisiana
DueProcess
Does the right to a jury trial guaranteed by the Sixth Amendment allow a state-court criminal conviction to stand on a nonunanimous jury verdict?
Question Presented* Does the right to a jury trial guaranteed by the Sixth Amendment, as applied to the States through the Fourteenth Amendment, allow a state-court criminal conviction to stand on a nonunanimous jury verdict? *NOTE: On March 18, 2019, this Court granted certiorari to review this precise issue in Evangelisto Ramos v. Louisiana, No. 18-5924. -i Petition for Certiorari Robert Lee Heard, Jr., petitions for a writ of certiorari to review the judgment entered below by Louisiana Third Circuit Court of Appeal in State v. Heard, 18-236 (La. App. 3 Cir. 11/7/16) (unpublished), writ denied, 18-K-2013 (La. 4/29/19), 251 So. 3d 1087. Opinions Below The unpublished opinion of the Louisiana Third Circuit Court of Appeal is appended to this Petition at Al. The Louisiana Supreme Court’s order and judgment denying discretionary review is reported at 18-K-2013 (La. 4/29/19), 268 So. 3d 1029 and is appended at A14. Jurisdiction The Louisiana Supreme Court denied review on April 29, 2019. This Petition is filed with 30 days of that ruling. Accordingly, this Court has jurisdiction to review the judgment below. SUP. CT. R. 13(1); 28 U.S.C. § 1257. Authorities Involved The Sixth Amendment to the United States Constitution provides, in relevant part: “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial The Fourteenth Amendment to the United States Constitution provides, in relevant part: “{Nor shall any State deprive any person of life, liberty, or property, without due process of law.” -| Section 17(A) of Article I of the Louisiana Constitution (now repealed) provided, in relevant part: “A case in which the punishment is necessarily confinement at hard labor shall be tried before a jury of twelve persons, ten of whom must concur to render a verdict.” Article 782 of the Louisiana Code of Criminal Procedure (now repealed) provided, in relevant part: “Cases in which the punishment is necessarily confinement at hard labor shall be tried by a jury composed of twelve jurors, ten of whom must concur to render a verdict.”