No. 25-422

Deshawn M. Dawson v. United States

Lower Court: Armed Forces
Docketed: 2025-10-08
Status: Denied
Type: Paid
Response Waived
Tags: court-martial criminal-conviction due-process-clause military-justice sixth-amendment unanimous-verdict
Key Terms:
DueProcess FifthAmendment Privacy JusticiabilityDoctri
Latest Conference: 2025-11-14
Question Presented (AI Summary)

Does the Constitution preclude a court-martial panel of lay members from convicting a defendant of a criminal offense by a non-unanimous vote?

Question Presented (OCR Extract)

In Ramos v. Louisiana , 590 U.S. 83 (2020), this Court held that the Sixth Amendment’s right to a “trial . . . by an impartial jury ,” as incorporated by the Fourteenth Amendment’s Due Process Clause, requires that criminal convictions adjudged by juries be unanimous not just in federal civilian courts , but in state courts as well . Service members and civilians prosecuted under the Uniform Code of Military Justice, in contrast , can be convicted by a three -fourths vote of a court -martial panel of lay members. This rule applies not only to allegations of military -specific offenses, but also to trials for alleged common -law crimes unrelated to military service. Often , the only thing depriv ing a court -martial defendant of the protection of a unanimous verdict requirement is the sovereign ’s choice of the forum in which to prosecute. The Question Presented is : Does the Constitution preclude a court -martial panel of lay members from convicting a defendant of a criminal offense by a non -unanimous vote?

Docket Entries

2025-11-17
Petition DENIED.
2025-10-29
DISTRIBUTED for Conference of 11/14/2025.
2025-10-22
Waiver of United States of right to respond submitted.
2025-10-22
Waiver of right of respondent United States to respond filed.
2025-10-03
Petition for a writ of certiorari filed. (Response due November 7, 2025)

Attorneys

Deshawn Dawson, et al.
Dwight Hall SullivanAir Force Appellate Defense Division, Petitioner
Dwight Hall SullivanAir Force Appellate Defense Division, Petitioner
United States
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent