No. 20-5848
Richard Bridgeman Gustafson v. Oregon
Response WaivedIFP
Tags: constitutional-rights criminal-procedure due-process fourteenth-amendment jury-trial jury-unanimity ramos-v-louisiana sixth-amendment state-trial-procedure
Key Terms:
Privacy
Privacy
Latest Conference:
2020-11-13
Question Presented (from Petition)
If a criminal trial in the State of Oregon did not guarantee a unanimous verdict, leading defendant to choose a bench trial, was this unconstitutional under the sixth and fourteenth amendment?
Quoting from Ramos v. Louisiana: "[T]he Sixth Amendment requires unanimity, and that the guarantee is fully applicable against the States under the Fourteenth Amendment. " and that "if the jury trial right requires a unanimous verdict in federal court, it requires no less in state court. "
Question Presented (AI Summary)
Whether a criminal trial in the State of Oregon that did not guarantee a unanimous verdict, leading the defendant to choose a bench trial, was unconstitutional under the Sixth and Fourteenth Amendments
Docket Entries
2020-11-16
Petition DENIED.
2020-10-29
DISTRIBUTED for Conference of 11/13/2020.
2020-10-20
Waiver of right of respondent Oregon to respond filed.
2020-07-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 2, 2020)
Attorneys
Oregon
Benjamin Noah Gutman — Oregon Department of Justice, Respondent
Richard Bridgeman Gustafson
Richard Bridgeman Gustafson — Petitioner