Justices Decline Review of 11-Person Jury Conviction Challenge

Feb. 23, 2026, 2:42 PM UTC

The US Supreme Court declined Monday to hear an appeal challenging a verdict returned by an 11-person instead of a 12-person jury over the defendant’s objection.

Existing high court precedent says there is no Sixth Amendment right to a 12-person jury. But the federal rules of criminal procedure state that a jury generally comprises 12 people, unless either the parties agree to a smaller jury or the court finds it necessary to dismiss a juror for good cause after the trial begins.

Justice Neil Gorsuch previously signaled interest in revisiting the 1970 Supreme Court decision holding that there’s no constitutional ...

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