In Apodaca v. Oregon (1972) and Johnson v. Louisiana (1972), five Justices agreed that the Sixth Amendment requires unanimous jury verdicts in federal criminal cases. Five Justices also agreed that jury verdicts in state criminal cases don’t have to be unanimous. In Ramos v. Louisiana the Supreme Court will consider overruling the latter holding in Apodaca and Johnson. Only Oregon and Louisiana allow non-unanimous jury verdicts in criminal cases.
Evangelisto Ramos was convicted 10-2 of second-degree murder based solely on circumstantial evidence and was sentenced to life in prison without the possibility of parole.
Ramos argues that the Fourteenth Amendment fully the Sixth Amendment guarantee of a unanimous verdict against the states.