Non-unanimous jury verdict stands

WASHINGTON

Monday, 06 October 2008 14:49:31

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The Supreme Court has rejected a plea by a convicted murderer to require that jury verdicts be unanimous in all criminal cases.

Two states, Louisiana and Oregon, allow people to be convicted of some crimes despite disagreement among jurors.

The justices turned down an appeal from Derrick Todd Lee, a prison inmate in Louisiana who was convicted of second-degree murder in the death of Geralyn Barr Desoto. One juror voted to acquit Lee.

The court held 36 years ago that nothing in the Constitution bars states from allowing some convictions by non-unanimous jurors. First-degree murder, which may be punished by death, requires a unanimous verdict in Louisiana.

Federal criminal trials must have unanimous verdicts, the court said in 1972.

Separately, Lee is on death row for killing another woman in Louisiana. The justices also denied his appeal in that case.

The cases are Lee v. Louisiana, 07-1523, and Lee v. Louisiana, 07-1536.