Apodaca v. Oregon

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Apodaca v. Oregon
Supreme Court of the United States
Argued March 1, 1971 Reargued January 10, 1972 Decided May 22, 1972
Full case name: Apodaca et al. v. Oregon Citations: 406 U.S. 404
Holding
The Fourteenth Amendment's Due Process Clause does not incorporate all portions of the Sixth Amendment when applied to the states. Thus Oregon's law did not violate due process.
Court membership
Chief Justice: Warren E. Burger Associate Justices: William O. Douglas, William J. Brennan, Jr., Potter Stewart, Byron White, Thurgood Marshall, Harry Blackmun, Lewis F. Powell, Jr., William Rehnquist
Case opinions
Majority by: White Joined by: Burger, Blacknum, Rehnquist Concurrence by: Powell Dissent by: Douglas Joined by: Brennan, Marshall Dissent by: Brennan Joined by: Marshall Dissent by: Stewart Joined by: Brennan, Marshall Dissent by: Marshall Joined by: Brennan

Apodaca v. Oregon, 406 U.S. 404 (1972) is a United States Supreme Court case that established that although federal juries must reach criminal verdicts unanimously, state juries may convict a defendant by less than unanimity. The decision written by Justice White affirmed the ruling of the Oregon Court of Appeals, holding that the Fourteenth Amendment's Due Process Clause does not incorporate all portions of the Sixth Amendment when applied to the states. Thus Oregon's law did not violate due process.

Arguing the case for the state of Oregon were Jacob Tanzer and Lee Johnson, both would later serve on the Oregon Court of Appeals.

[edit] See also

• List of United States Supreme Court cases, volume 406