Rethinking Retroactivity in Light of the Supreme Court’s Jury Unanimity Requirement

MICHAEL C. DORF

In light of the U.S. Supreme Court’s decision Monday in Ramos v. Louisiana, in which it held that the federal Constitution forbids states from convicting defendants except by a unanimous jury, Cornell law professor Michael C. Dorf discusses the Court’s jurisprudence on retroactivity. Dorf highlights some costs and benefits of retroactivity and argues that the Court’s refusal to issue advisory opinions limits its ability to resolve retroactivity questions in a way that responds to all the relevant considerations.

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State v. Reek

Docket: A19-0153

Opinion Date: April 22, 2020

Judge: G. Barry Anderson

Areas of Law: Civil Rights, Constitutional Law, Criminal Law

The Supreme Court affirmed Defendant's conviction for first-degree murder, holding that there was no error in the proceedings below. Specifically, the Supreme Court held (1) Appellant's right to a fair trial before an impartial tribunal was not violated when the district court stated that it might reconsider its prior Spreigl ruling if the defense presented certain witnesses; (2) the jury instructions on accomplice liability were plainly erroneous, but Appellant failed to establish that there was a reasonable likelihood that the error had a significant effect on the verdict; (3) the prosecutor did not commit misconduct in his closing arguments regarding the law of accomplice liability; (4) the district court did not abuse its discretion by granting the State’s motion to admit evidence of appellant’s past convictions for impeachment purposes, including by allowing the specific convictions to be disclosed to the jury; and (5) Appellant’s pro se arguments were without merit.

State v. Woodard

Docket: A18-1886

Opinion Date: April 22, 2020

Judge: Hudson

Areas of Law: Criminal Law

The Supreme Court affirmed the judgment of the district court convicting Defendant of first-degree murder and sentencing him to life in prison without the possibility of release, holding that the district court did not err in denying Defendant's motion to present an alternative-perpetrator defense. Specifically, the Supreme Court held (1) the district court did not abuse its discretion in holding that Defendant's proffered evidence in support of his motion to present alternative-perpetrator evidence for lack of sufficient foundation; and (2) the district court committed an error that was plain in instructing the jury on the order in which to consider the charges against Defendant, but there was no reasonable likelihood that the instruction affected the jury's verdict and therefore did not affect Defendant's substantial rights.