Although a decision on the matter will apply to many fewer defendants across Louisiana now, a needed challenge to a badly flawed decision on jury sentencing points out in passing an unintended consequence of recent change to this policy.
Last year, voters amended the Constitution to sweet away the state’s requirement – shared now only by Oregon – that juries decide cases with only 10 of 12 votes (except, according to the criminal code, cases that could carry a capital sentence). However, the change to unanimity didn’t affect cases already in the pipeline.