Tag Archives: Due Process Clause

SCOTUS Opinion: Court Abolishes Non-Unanimous Criminal Convictions

The Supreme Court had previously ruled in Apodaca v. Oregon, 406 U.S. 404 (1972), that the Sixth Amendment did not forbid non-unanimous verdicts in state criminal trials. Today, only Louisiana and Oregon still permit non-unanimous convictions. In Ramos v. Louisiana, a 6-3 majority of the Court, in an opinion by Justice Gorsuch, discarded that precedent and held that the Sixth... Read More >

Eighth Amendment Applies To State Civil Forfeitures

Tyson Timbs pleaded guilty to dealing in heroin in Indiana, for which the maximum fine was $10,000. The State sought to use civil forfeiture to seize his SUV, which Timbs bought for $42,000, which was allegedly used to move the heroin. The state trial court denied the State’s request as violative of the Eighth Amendment’s protection against excessive fines, but... Read More >