Justices Divided on Making Jury Unanimity Decision Retroactive (1)

Supreme Court justices were divided during oral argument over whether their decision barring nonunanimous jury convictions last term applies retroactively.

Questions on Wednesday from Justices Neil Gorsuch, Sonia Sotomayor, and Stephen Breyer suggested all three may favor retroactivity, but the defendant, Thedrick Edwards, could have trouble attracting two more justices to join them.

Chief Justice John Roberts and Justice Elena Kagan, both of whom could hold crucial votes, asked tough questions of both sides.

Roberts told Edwards’ lawyer, André Bélanger, that the biggest hurdle he faced is that the court previously ruled the jury trial right itself didn’t apply retroactively. ...