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. Kennedy

Docket: 18-0906

Opinion Date: April 24, 2020

Judge: Armstead

Areas of Law: Criminal Law

The Supreme Court affirmed the sentencing order of the circuit court finding that Petitioner's offense of simple battery as a lesser included offense of sexual assault in the second degree was sexually motivated, holding that the circuit court neither abused its discretion nor erred when it found that Petitioner's offense was sexually motivated. The jury found Petitioner not guilty of sexual assault in the second degree, not guilty of sexual abuse in the first degree, and guilty of battery. At sentencing, the circuit court found beyond a reasonable doubt that Petitioner's battery was sexually motivated and directed Petitioner to register as a sex offender. The Supreme Court affirmed, holding that the circuit judge did not abuse her discretion finding that Petitioner's actions were sexually motivated.