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Split SCOTUS Tosses Retroactivity Doctrine in Jury Dispute (2)

May 17, 2021, 2:07 PM; Updated: May 17, 2021, 9:28 PM

The Supreme Court’s ruling from last term requiring unanimous jury convictions for serious offenses doesn’t apply retroactively, the high court said in a decision that struck down an elusive doctrine that previously allowed for the possibility of retroactive federal habeas relief.

The 6-3 decision on Monday by Justice Brett Kavanaugh is a blow to people convicted by non-unanimous juries and a win for state officials seeking to keep those convictions intact.

In addition to being notable for overturning the longstanding retroactivity doctrine, the case highlights the importance of states and localities to criminal matters, as Kavanaugh noted in his opinion ...

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