APODACA V. OREGON
406 U.S. 404 (1972)
NATURE OF THE CASE: This is an appeal from a case in which the conviction by way of jury
verdict was reached in a less than unanimous jury vote.
FACTS: Apodaca (D), Cooper, Jr., and Madden were convicted respectively of assault with a
deadly weapon, burglary in a dwelling, and grand larceny before separate Oregon juries, all
of which returned less-than-unanimous verdicts. The vote in the cases of D and Madden was
11-1, while the vote in the case of Cooper was 10-2, the minimum requisite vote under Oregon
law for sustaining a conviction. Their convictions were affirmed by the Oregon Court of
Appeals, and review had been denied by the Supreme Court of Oregon, all three sought review
in this Court upon a claim that conviction of crime by a less-than-unanimous jury violates
the right to trial by jury in criminal cases specified by the Sixth Amendment and made
applicable to the States by the Fourteenth. The Supreme Court granted certiorari to consider
this claim.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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