Supreme Court Justice Neil Gorsuch has criticized his fellow colleagues for not taking up a case involving Florida jury sizes related to felony charges.Florida, along with Arizona, Connecticut, Indiana, Massachusetts and Utah, does not require 12-person juries to deliberate criminal cases and can rule with six- or eight-member juries. Florida is unique in that all non-death penalty-related cases only require six-member juries.
The defendant argued based on the premise in the Ramos case, that being convicted by a six-person jury violated the Sixth and Fourteenth Amendments.But Florida Attorney General Ashley Moody, in a brief opposing the Supreme Court from taking on the Cunningham case, argued that Florida has used six-member juries dating back to 1877 and should continue to be allowed to do so.
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