none of those terms, as far as i know, were part of the discussions at the convention. 7447 0 obj <> endobj >> mr. chief justice, i think this court has established some of the outer boundaries already in williams and in birch and in -- and apodaca, so nine under apodaca, 9-3 is okay. >> you disagree with the analysis on the seventh amendment, i understand that but spot for me a moment that the supreme court might have gotten the seventh amendment right, okay. nor has this court ever held that the framers wholesale adopted the common law. Pointing to variations in state constitutions—where some states codified the unanimity requirement at the Founding while others did not—Louisiana suggests that the Founders would have inserted unanimity into the Jury Trial Clause if they believed it was needed, suggesting that a lack of historical consensus about unanimity existed. what he said is i am agreeing with the past dissenters. >> no, justice alito. According to Ramos, since 1968 in Duncan v. Louisiana, the Court has consistently applied the Sixth Amendment’s Jury Trial Clause to the states. we say in our rely brief using one of the state's own filings that there are 36 cases on direct review in louisiana where this issue has been presented even win that 36 you are going to be arguments whether it was adequately preserved and all the refuse. Therefore, Louisiana continues, there is no existing fundamental unanimity right to incorporate against the states under the Fourteenth Amendment. Further, Ramos asserts that over a century of court cases reflect the historical understanding that the Sixth Amendment preserved the common-law unanimity requirement. See Hosseinzadeh v. Klein, 276 F.Supp.3d 34 (S.D.N.Y. we think the text is very, very clear that unanimity is not there and that it was rejected. justice bowels vote was an isolated note where there was no majority for the court and was indeed his vote was rejected by the other eight -- >> this is so unfair, mr. fisher but i ask you to take that out of your analysis? >> okay. >> to give them, to be fair, even if you see something unanimity, some don't, and you have a draft this is unanimity, i don't understand why you take it out and then argue later, it doesn't matter whether within or not. we won this case but we really can't rely on it because it has no stare decisis effect, and then what happens as the years go by and nothing happens, the court doesn't come back to that question? its structure is different. For quick viewing, C-SPAN provides Points of Interest markers for some events. we file 25 briefs in the louisiana supreme court last friday. tomorrow live courage with the ceo and chief engineer of boeing as they answer questions on capitol hill about the 737 max 8, airplane. >> i don't think necessarily the rule would be different. the best thing the state will have to say for itself in that respect is duncan, itself, when the court incorporated the right to jury trial, duncan, itself, was not held to be retroactive in the opinion. i'm not, myself, i must confess, capable of doing this math, but somebody could. >> for one thing, i think that incorporation doctrine evolved over time so i'm not sure that the state, it was reasonable to expect the state to ignore an actual holding in the case and anticipate that that would change over time.

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