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Apodaca v. Oregon

Significance, The Sixth And Fourteenth Amendment Cases, A Less Than Unanimous Court, Further Readings


Robert Apodaca, Henry Morgan Cooper, Jr., and James Arnold Madden


State of Oregon

Petitioners' Claim

That the conviction by a less than unanimous jury verdict, permitted under Oregon state law, violated his right to trial by jury as guaranteed under the Sixth and Fourteenth Amendments of the Constitution.

Chief Lawyer for Petitioners

Richard B. Sobol

Chief Lawyer for Respondent

Jacob B. Tanzer, Solicitor General of Oregon

Justices for the Court

Harry A. Blackmun, Warren E. Burger, Lewis F. Powell, Jr., William H. Rehnquist, Byron R. White (writing for the Court)

Justices Dissenting

William J. Brennan, Jr., William O. Douglas, Thurgood Marshall, Potter Stewart


Washington, D.C.

Date of Decision

22 May 1972


That the Fourteenth Amendment does not require jury unanimity.

Related Cases

  • Duncan v. Louisiana, 391 U.S. 145 (1968).
  • Williams v. Florida, 399 U.S. 78 (1970).
  • Johnson v. Louisiana, 406 U.S. 356 (1972).
  • Ballew v. Georgia, 435 U.S. 223 (1978).

Additional topics

Law Library - American Law and Legal InformationNotable Trials and Court Cases - 1963 to 1972