Los Angeles Times - 25.08.2019

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LATIMES.COM WST SUNDAY, AUGUST 25, 2019A


SALEM, Ore. — Oregon’s
criminal justice system
would be “overwhelmed” if
the U.S. Supreme Court
rules in an upcoming case
that nonunanimous jury
verdicts are unconstitu-
tional, the state’s attorney
general has told the court.
Atty. Gen. Ellen Rosen-
blum said in an amicus brief
Friday that such a ruling
could invalidate hundreds
or even thousands of convic-
tions in Oregon.
Oregon is the only state
in the U.S. allowing 11-1 or 10-
jury verdicts in criminal tri-
als, except first-degree mur-
der convictions.
Critics say Rosenblum is
defending a system that
should be abandoned, as
voters in Louisiana, the only
other state that permitted
nonunanimous verdicts, did
in 2018.
“The state’s brief pre-
sents a parade of horribles
that may or may not come to
pass. However, that is not a
reason to continue a prac-
tice rooted in racial and eth-
nic discrimination,” said
Marc Brown, a public de-
fender in Oregon whose cli-
ents include ones appealing
nonunanimous guilty ver-
dicts.
The decision by Louisi-
ana voters was not retroac-
tive, and took effect Jan. 1.
The U.S. Supreme Court
this fall will hear the case of
Evangelisto Ramos, a Loui-
siana man convicted by a
nonunanimous jury in 2016 of
second-degree murder of a
woman in New Orleans.
Ramos is serving a life sen-
tence with no chance of par-
ole.
Michael Kron, special
counsel to Oregon’s attorney
general, said that if the
Supreme Court rules in fa-
vor of Ramos, it would be re-
versing its 1972 ruling that
the Constitution does not
bar states from allowing
nonunanimous verdicts.
Rosenblum told the high
court that if it overturns that
ruling and decides that
nonunanimous juries are


unconstitutional, Oregon’s
criminal justice system will
be glutted.
“Such a ruling would
automatically require retrial
in many hundreds, if not
thousands, of cases on di-
rect review,” Rosenblum
told the court.
Even convictions that
were unanimous could be
called into question, be-
cause a judge instructing
jurors that they could reach
a nonunanimous verdict
may be grounds for an ap-
peal.
“In many cases, particu-
larly the older cases, retrial
will likely be impossible be-
cause of the impact that the
passage of time will have on
the prosecution’s case as
witnesses disappear, memo-
ries fade, and evidence is
lost,” the attorney general
wrote.
Several Oregon lawmak-
ers recently sponsored a res-
olution calling for a ballot
measure to repeal an
amendment to the state
constitution allowing non-
unanimous verdicts. The
resolution passed the House
unanimously, but died in the
Senate amid a walkout by
Republican members in the
final days of the legislative
session.
The decision by Oregon
voters in 1934 to allow split-
jury verdicts was fueled by
white supremacy and anti-
immigrant sentiment. One

newspaper said immigrants
from southern and Eastern
Europe had made the re-
quirement for unanimous
verdicts “unwieldy and un-
satisfactory.”
Rosenblum said she sup-
ports a repeal, noting the
jury rule’s links to racism
and anti-Semitism. But she
said such a change should be
for cases “going forward,”
not applied retroactively.
Aliza Kaplan, a professor
at Portland’s Lewis & Clark
Law School who has cam-
paigned to eliminate non-
unanimous jury verdicts,
said only dozens — not
hundreds — of cases would
be affected by a Supreme
Court ruling in favor of
Ramos.
“The attorney general
has an opportunity to be on
the correct side of history
and champion getting rid of
nonunanimous juries,” Kap-
lan said in a telephone inter-
view. “Instead, she chooses
to support a policy that we
all know, and that she ac-
knowledges, comes from our
racist history.”
Brown, the public de-
fender, said he doubts a
Supreme Court ruling would
create a crisis for the state’s
judicial system. Oregon’s ap-
peals courts would deter-
mine its retroactive applica-
tion “by applying well-
known legal standards.”
“Our courts are certainly
up to that task,” he said.

Oregon asks high court


to uphold split verdicts


STATE ATTY. GEN.Ellen Rosenblum says finding
nonunanimous verdicts unconstitutional would mean
“many hundreds, if not thousands” of new trials.

Thomas Patterson(Salem) Statesman Journal

associated press


So-Cal Contractor Proves Combining


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