Burch v. Louisiana

1 Analyses of this case by attorneys

  1. Enhancers – § § 343.307(1), 346.65(2)(am)3., OWI – Jury Determination and Apprendi

    Wisconsin State Public DefenderSeptember 7, 2012

    But it does, or at least should, mean that a civil forfeiture doesn’t necessarily fall within the exception. What about the “jury trial” guarantee – is that satisfied by a 5-vote verdict on a 6-person jury, § 805.09? Consider that for federal purposes, a 6-person jury must be unanimous for “nonpetty” offenses, Burch v. Louisiana, 441 U.S. 130 (1979); and that for state purposes, a 12-person, unanimous jury is required in all criminal cases,State v. Ronald A. Hansford, 219 Wis.2d 226, 580 N.W.2d 171 (1998). (Also, Dane County v. McGrew, 2005 WI 130, ¶19, 285 Wis. 2d 519, 699 N.W.2d 890 (Bradley, J., conc.