Opposition Brief — Hamed Kian, Petitioner v. Florida

Supreme Court briefApr 20, 2026

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No. 25-6623

IN THE

SUPREME COURT OF THE UNITED STATES

_______________

HAMED KIAN,

Petitioner,

v.

STATE OF FLORIDA,

Respondent.

_______________

ON PETITION FOR A WRIT OF CERTIORARI TO THE

FLORIDA DISTRICT COURT OF APPEAL,

FOURTH DISTRICT

_______________

BRIEF IN OPPOSITION

_______________

OFFICE OF THE

ATTORNEY GENERAL

State of Florida

1515 N. Flagler Drive,

Suite 900

West Palm Beach, FL

33401

Phone: (561) 837-5016

crimappwpb@

myfloridalegal.com

JAMES UTHMEIER

Attorney General of

Florida

CELIA TERENZIO

Bureau Chief, Criminal

Appeals

Counsel of Record

JOSEPH MOLLICA

Assistant Attorney General

Counsel for Respondent

i

QUESTION PRESENTED

More than half a century ago, this Court held that

Florida’s use of six-person juries satisfies the Sixth

Amendment. Williams v. Florida, 399 U.S. 78, 86

(1970). After examining the history and purpose of the

right to trial by jury, the Court concluded that the

framers enshrined no 12-juror requirement in the

Constitution, even though most founding-era juries

consisted of 12 persons. Relying on Williams, Florida

and five other states continue to use fewer than 12 jurors in at least some criminal trials. In Florida, where

all noncapital crimes are tried before six-member juries, roughly 5,000 criminal convictions are currently

pending on direct appeal.

As in Minor v. Florida, 2026 WL 490842 (Feb. 23,

2026), the question presented is whether the Court

should overrule Williams and hold that the Sixth

Amendment requires the use of 12-person juries in serious criminal cases.

ii

TABLE OF CONTENTS

QUESTION PRESENTED.......................................... i

TABLE OF AUTHORITIES...................................... iii

STATEMENT .............................................................. 1

REASONS FOR DENYING THE PETITION ............ 3

I. THIS COURT SHOULD REJECT THE PETITIONER’S

INVITATION TO RECONSIDER AND OVERRULE

WILLIAMS. ..........................................................3

II. THIS CASE IS A POOR VEHICLE. ..........................19

CONCLUSION .......................................................... 22

iii

TABLE OF AUTHORITIES

Cases

Apodaca v. Oregon,

406 U.S. 404 (1972) ............................................ 2, 10

Atkins v. Virginia,

536 U.S. 304 (2002) ................................................ 13

Ballew v. Georgia,

435 U.S. 223 (1978) .......................................... 11, 14

Brady v. Maryland,

373 U.S. 83 (1963) .................................................. 13

Braxton v. United States,

500 U.S. 344 (1991) .................................................. 4

Chafin v. Chafin,

568 U.S. 165 (2013) ................................................ 19

Chapman v. California,

386 U.S. 18 (1967) .................................................. 20

Colgrove v. Battin,

413 U.S. 149 (1973) .................................... 10–12, 19

Collins v. Youngblood,

497 U.S. 37 (1990) .................................................. 11

Davis v. Florida,

143 S. Ct. 380 (2022) ................................................ 3

Dobbs v. Jackson Women’s Health Org.,

597 U.S. 215 (2022) .................................................. 8

Duncan v. Louisiana,

391 U.S. 145 (1968) .................................................. 1

Gibson v. State,

16 Fla. 291 (1877)..................................................... 1

Gideon v. Wainwright,

372 U.S. 335 (1963) ................................................ 12

Griffin v. California,

380 U.S. 609 (1965) ................................................ 13

iv

Hurst v. Florida,

577 U.S. 92 (2016) .................................................. 21

Janus v. Am. Fed’n of State, Cnty., & Mun. Emps.,

Council 31,

585 U.S. 878 (2018) ............................................ 4, 13

Khorrami v. Arizona,

143 S. Ct. 22 (2022) ............................ 3, 9, 13, 15, 17

Lockhart v. McCree,

476 U.S. 162 (1986) ................................................ 17

Ludwig v. Massachusetts,

427 U.S. 618 (1976) ................................................ 11

Minor v. Florida,

2026 WL 490842 (Feb. 23, 2026) ..........................i, 3

Miranda v. Arizona,

384 U.S. 436 (1966) ................................................ 12

Neder v. United States,

527 U.S. 1 (1999) .............................................. 20–22

Parada v. United States,

2026 WL 79784 (Jan. 12, 2026) ........................... 3–4

Phillips v. Florida,

142 S. Ct. 721 (2021) ................................................ 3

Pretell v. Florida,

143 S. Ct. 1027 (2023) .............................................. 3

Ramos v. Louisiana,

590 U.S. 83 (2020) .............................. 2, 6, 10–12, 19

Rockford Life Insurance Co. v. Illinois Dept. of

Revenue,

482 U.S. 182 (1987) .................................................. 6

Roper v. Simmons,

543 U.S. 551 (2005) ................................................ 13

Strickland v. Washington,

466 U.S. 668 (1984) ................................................ 13

Taylor v. Louisiana,

419 U.S. 522 (1975) ................................................ 12

v

United States v. Ahmad,

974 F.2d 1163 (9th Cir. 1992) .................................. 7

United States v. Gabay,

923 F.2d 1536 (11th Cir. 1991) ................................ 7

United States v. Gaudin,

515 U.S. 506 (1995) ................................................ 11

United States v. Johnson,

117 F.4th 28 (2d Cir. 2024) ...................................... 7

United States v. Smith,

789 F.2d 196 (3d Cir. 1986) ..................................... 7

United States v. Stratton,

779 F.2d 820 (2d Cir. 1985) ..................................... 7

Washington v. Recuenco,

548 U.S. 212 (2006) ................................................ 21

Weaver v. Massachusetts,

582 U.S. 286 (2017) ................................................ 20

Weeks v. United States,

232 U.S. 383 (1914) ................................................ 13

Williams v. Florida,

399 U.S. 78 (1970) ................... i, 1, 3, 6–9, 11–13, 17

Statutes & Constitutional Provisions

Act of February 17, 1877, ch. 3010, § 6,

1877 Fla. Laws 54 .............................................. 1, 18

Ariz. Rev. Stat. § 21-102 ............................................. 3

Conn. Gen. Stat. § 54-82 ............................................. 3

Fla. Const. art. I, § 22 ............................................... 18

Fla. Stat. § 460.411 ..................................................... 1

Fla. Stat. § 913.10 ............................................... 1, 3, 7

Ind. Code § 35-37-1-1 .................................................. 3

Mass. Gen. Laws Ch. 218, § 26A ................................ 3

Utah Code. Ann. § 78B-1-104 ..................................... 3

vi

Rules

Fed. R. Civ. P. 48(a)................................................... 19

Fed. R. Crim. P. 23(b).................................................. 7

U.S. Sup. Ct. R. 10 .................................................. 5–6

Other Authorities

Alice Guerra et al., Accuracy of Verdicts Under

Different Jury Sizes and Voting Rules,

28 Sup. Ct. Econ. Rev. 221 (2020) ......................... 15

Annals of Cong. (1789) (Joseph Gales ed., 1834) ....... 9

Antonin Scalia & Bryan A. Garner, Reading Law:

The Interpretation of Legal Texts (2012) ............... 12

Barbara Luppi & Francesco Parisi, Jury Size and the

Hung-Jury Paradox,

42 J. Legal Stud. 399 (2013) .................................. 15

Bridget M. Waller et al., Twelve (Not So) Angry Men:

Managing Conversational Group Size Increases

Perceived Contribution by Decision Makers,

14 Grp. Processes & Intergrp. Rels. 835 (2011) .... 14

Chief Adm’r of Cts., New York State Unified Court

System 2017 Annual Report (2018),

https://tinyurl.com/yckheu9v ................................. 17

Chief Adm’r of Cts., New York State Unified Court

System 2018 Annual Report (2019),

https://tinyurl.com/yc7cvjhe................................... 17

Chief Adm’r of Cts., New York State Unified Court

System 2019 Annual Report (2020),

https://tinyurl.com/2wtwfmdm .............................. 17

Fla. Off. of State Cts. Adm’r, Florida’s Trial Courts

Statistical Reference Guide FY 2017-18 (2019),

https://tinyurl.com/433vwfy3 ................................. 16

vii

Fla. Off. of State Cts. Adm’r, Florida’s Trial Courts

Statistical Reference Guide FY 2018-19 (2020),

https://tinyurl.com/43zywh5n ................................ 16

Fla. Off. of State Cts. Adm'r, Florida's Trial Courts

Statistical Reference Guide FY 2016-17 (2018),

https://tinyurl.com/4drv24ky ................................. 16

Henry G. Connor, The Constitutional Right to a Trial

by a Jury of the Vicinage,

57 U. Pa. L. Rev. & Am. L. Reg. 197 (1909) ............ 8

James Wilson, Works of the Honourable James

Wilson (1804) .......................................................... 10

Jud. Council of Cal., 2018 Court Statistics Report:

Statewide Caseload Trends (2018),

https://tinyurl.com/5n6tj9pr .................................. 16

Jud. Council of Cal., 2019 Court Statistics Report:

Statewide Caseload Trends (2019),

https://tinyurl.com/mwmby3h5 ............................. 16

Jud. Council of Cal., 2020 Court Statistics Report:

Statewide Caseload Trends (2020),

https://tinyurl.com/2mym3hrx ............................... 16

Kaushik Mukhopadhaya, Jury Size and the Free

Rider Problem,

19 J.L. Econ. & Org. 24 (2003) .............................. 14

Letter from James Madison to Edmund Pendleton,

Sept. 14, 1789, 1 Letters and Other Writings of

James Madison (1865) ............................................. 9

Letter from Richard Henry Lee to Patrick Henry,

Sept. 14, 1789,

https://tinyurl.com/muu5xzfa .................................. 9

Nicolas Fay et al., Group Discussion as Interactive

Dialogue or as Serial Monologue: The Influence of

Group Size,

11 Psych. Sci. 481 (2000) ....................................... 14

viii

Off. of Ct. Admin., Annual Statistical Report for the

Texas Judiciary Fiscal Year 2017 (2018),

https://tinyurl.com/mtrp379s ................................. 16

Off. of Ct. Admin., Annual Statistical Report for the

Texas Judiciary Fiscal Year 2018 (2019),

https://tinyurl.com/2s3fsmpf .................................. 16

Off. of Ct. Admin., Annual Statistical Report for the

Texas Judiciary Fiscal Year 2019 (2020),

https://tinyurl.com/ywh779v3 ................................ 16

Patrick E. Higginbotham et al., Better by the Dozen:

Bringing Back the Twelve-Person Civil Jury,

104 Judicature 46 (2020) ....................................... 19

Paul Samuel Reinsch, The English Common Law in

the Early American Colonies,

1 Select Essays in Anglo-American Legal History

367 (1907) ................................................................. 8

William Blackstone, Commentaries on the Laws of

England 343–44 (1769) ............................................ 8

William S. Brackett, The Freehold Qualification of

Jurors,

29 Am. L. Reg. 436 (1881) ........................................ 8

1

STATEMENT

1. In 1877, Florida began using six-person juries to

try noncapital criminal defendants. See Act of February 17, 1877, ch. 3010, § 6, 1877 Fla. Laws 54. That

same year, the Florida Supreme Court held that the

use of six-person juries neither “destroy[ed] [n]or infring[ed] the right of trial by jury.” Gibson v. State, 16

Fla. 291, 300 (1877). Ninety years later, this Court

opened another avenue to challenge the validity of

Florida’s six-person juries, holding that states are

bound by the jury-trial guarantee in the Sixth Amendment to the federal Constitution. See Duncan v. Louisiana, 391 U.S. 145, 149 (1968). But just two years after that, this Court concluded that six-person juries

satisfy that guarantee. Williams v. Florida, 399 U.S.

78, 86 (1970). For nearly as long as states have had a

Sixth Amendment duty to provide criminal jury trials,

this Court’s message to the people of Florida has been

clear: the jury structure that they have settled on for

a century and a half fulfills that duty. Unsurprisingly

then, Florida has continued its longstanding practice

of using six-person juries in trials of noncapital offenses. See Fla. Stat. § 913.10.

2. The petitioner was tried for five counts of practicing chiropractic medicine without a license. See Fla.

Stat. § 460.411(1). Because this crime is not punishable by death, the trial court empaneled a six-person

jury as dictated by Florida law. See Fla. Stat. § 913.10.

The petitioner’s counsel questioned the venire panel

extensively and participated in jury selection, exercising cause and peremptory challenges to various prospective jurors the petitioner deemed undesirable. Tr.

80–108. Once selected, the petitioner accepted the

2

jury as empaneled and proceeded to trial without objection. Tr. 107–11. The trial court specifically asked

the petitioner personally if he accepted the jury as selected and the petitioner answered affirmatively. Tr.

109.

The evidence at trial revealed that the petitioner’s

license to practice chiropractic medicine in Florida

was suspended. C.R. 567–71; Tr. 126–30. Three patients testified that the petitioner performed chiropractic treatment on them during five separate visits

after the suspension of his license. Tr. 181, 188, 193,

199–202. Chart notes belonging to two of the patients

and the petitioner’s office patient schedule similarly

reflected that the petitioner performed chiropractic

treatment on those three patients during those five

separate visits. C.R. 572–76, 591–609; Tr. 145, 157.

Presented with this evidence, the jury returned

unanimous guilty verdicts on all five counts. See R.

384; Tr. 313–15.

3. The petitioner appealed his convictions to Florida’s Fourth District Court of Appeal, arguing—for

the first time—that the Sixth Amendment entitled

him to be tried by a 12-person jury because this Court

abrogated Williams in Ramos v. Louisiana, 590 U.S.

83 (2020), which held that the Sixth Amendment requires unanimous verdicts in state court as in federal

court, overruling Apodaca v. Oregon, 406 U.S. 404

(1972). The Fourth District affirmed in a per curiam,

summary decision. Pet. App. 2. The petitioner then petitioned this Court for a writ of certiorari.

3

REASONS FOR DENYING THE PETITION

The petitioner contends that the Court should review the Fourth District’s summary decision and use

it as a vehicle to overrule Williams v. Florida, 399 U.S.

78 (1970), which held that the Sixth Amendment permits six-person juries in criminal cases. The Court

should, as it has done in several recent cases, decline

the invitation to revisit Williams. See Minor v. Florida, 2026 WL 490842 (Feb. 23, 2026); Parada v.

United States, 2026 WL 79784 (Jan. 12, 2026); Pretell

v. Florida, 143 S. Ct. 1027 (2023); Khorrami v. Arizona, 143 S. Ct. 22 (2022); Davis v. Florida, 143 S. Ct.

380 (2022); Phillips v. Florida, 142 S. Ct. 721 (2021).

The petitioner makes no serious attempt to show that

overruling Williams is warranted under traditional

principles of stare decisis, and it is not. Not only was

Williams correctly decided; overruling it also would

imperil thousands of criminal convictions in Florida

and five other states that for more than 50 years have

relied on its rule. 1

The petition should be denied.

I. THIS COURT SHOULD REJECT THE PETITIONER’S

INVITATION

WILLIAMS.

TO

RECONSIDER

AND

OVERRULE

The petitioner has not justified revisiting Williams’ holding that the Sixth Amendment permits juries comprised of six members in serious criminal

1

See Ariz. Rev. Stat. § 21-102; Conn. Gen. Stat. § 54-82; Fla.

Stat. § 913.10; Ind. Code § 35-37-1-1; Mass. Gen. Laws Ch. 218,

§ 26A; Utah Code. Ann. § 78B-1-104.

4

cases. Although the petitioner urges the Court to

grant review to overrule this 55-year-old case, he does

not acknowledge his heavy burden to show that the

Court should do so.

This Court does not lightly overrule precedent.

“Stare decisis is the preferred course because it promotes the evenhanded, predictable, and consistent development of legal principles, fosters reliance on judicial decisions, and contributes to the actual and perceived integrity of the judicial process.” Janus v. Am.

Fed’n of State, Cnty., & Mun. Emps., Council 31, 585

U.S. 878, 916 (2018). To that end, this Court considers

several factors before overruling a prior decision: the

quality of the prior decision’s reasoning, the workability of its holding, its consistency with other

cases, post-decision developments, and reliance on the

decision. Id. at 917. Those factors favor leaving Williams undisturbed.

1. The petitioner urges this Court to hold this case

“pending resolution” of the petitions for certiorari in

Parada v. United States and Minor v. Florida, petitions which raised the same question presented as

this one. Pet. ii. This Court has since denied those petitions, as it should here. Parada v. United States,

2026 WL 79784 (Jan. 12, 2026); Minor v. Florida, 2026

WL 490842 (Feb. 23, 2026).

2. The primary purpose for which this Court uses

its certiorari jurisdiction is to resolve conflicts among

the United States courts of appeal and state courts

“concerning the meaning and provisions of federal

law.” Braxton v. United States, 500 U.S. 344, 348

(1991).

5

Rule 10 of the Rules of the Supreme Court of the

United States identifies the relevant considerations in

determining the propriety of certiorari review. Noting

review is only granted for “compelling reasons,” the

Rule indicates consideration of a decision by a state

court of last resort should involve an unresolved question of federal law or a conflict among higher courts.

Specifically, the rule states, in relevant part,

The following, although neither controlling nor

fully measuring the Court’s discretion, indicate

the character of the reasons the Court considers:

(a) a United States court of appeals has entered a decision in conflict with the decision of

another United States court of appeals on the

same important matter; has decided an important federal question in a way that conflicts with a decision by a state court of last

resort; or has so far departed from the accepted and usual course of judicial proceedings, or sanctioned such a departure by a

lower court, as to call for an exercise of this

Court’s supervisory power;

(b) a state court of last resort has decided an

important federal question in a way that conflicts with the decision of another state court

of last resort or of a United States court of appeals;

(c) a state court or a United States court of appeals has decided an important question of

federal law that has not been, but should be,

6

settled by this Court, or has decided an important federal question in a way that conflicts with relevant decisions of this Court.

U.S. Sup. Ct. R. 10.

Cases that do not divide the federal or state courts

or that do not present important, unsettled questions

of federal law usually do not merit certiorari review.

Rockford Life Insurance Co. v. Illinois Dept. of Revenue, 482 U.S. 182, 184 n. 3 (1987).

3. The petitioner is wrong to dismiss Williams’ reasoning as “contrary to the understanding of the Sixth

Amendment at the time of the Founding.” Pet. 13; see

also id. at 11–14. On the contrary, Justice White’s

opinion for the Court in Williams—thick with scholarly footnotes—extensively canvassed the history of,

and purposes behind, the jury-trial right as established by “the Framers” in the Sixth Amendment. 399

U.S. at 103. The Court devoted 13 pages to the history

and development of the common-law jury and the

Sixth Amendment. See id. at 87–99; see also Ramos,

590 U.S. at 152 (Alito, J., dissenting) (observing that

Williams contained “a detailed discussion of the original meaning of the Sixth Amendment jury-trial

right”). Williams examined the history surrounding

the common-law 12-person jury requirement. See 399

U.S. at 87–89, 87 nn.19–20, 88 n.23. It addressed the

Court’s previous cases discussing jury size. See id. at

90–92, 90 n.26, 91 nn.27–28, 92 nn.29–31. It discussed

the history of Article III’s jury-trial provision and the

accompanying ratification debates. See id. at 93–94,

93 nn.34–35. It analyzed the drafting history of the

7

Sixth Amendment, including disputes over what language to use. See id. at 94–97, 94 n.37, 95 n.39. And it

considered contemporaneous constitutional provisions and statutes regarding juries. See id. at 97 &

nn.43–44. The upshot was that, as a matter of original

meaning, the word “jury” in the Sixth Amendment did

not codify any common-law practice of empaneling 12

jurors. See id. at 99–100.

Federal Rule of Criminal Procedure 23(b)(1), Section 913.10’s federal counterpart, provides for a jury

of 12 as the default in federal criminal trials. Fed. R.

Crim. P. 23(b)(1). But Rule 23(b)(3) further provides

that “[a]fter the jury has retired to deliberate, the

court may permit a jury of 11 persons to return a verdict, even without a stipulation by the parties, if the

court finds good cause to excuse a juror.” Fed. R. Crim.

P. 23(b)(3). Federal district courts may do so over defense objection because the right to a 12-person jury is

neither a constitutional right nor a substantial one.

See id.; Williams, 399 U.S. at 100; see also United

States v. Johnson, 117 F.4th 28, 40 (2d Cir. 2024),

reh’g en banc denied, 143 F.4th 184 (2d Cir. 2025),

cert. denied, 2026 WL 490645 (Feb. 23, 2026); United

States v. Ahmad, 974 F.2d 1163, 1164 (9th Cir. 1992);

United States v. Gabay, 923 F.2d 1536, 1539, 1541–43

(11th Cir. 1991), reh’g en banc denied, 934 F.2d 1266

(11th Cir. 1991); United States v. Smith, 789 F.2d 196,

204–05 (3d Cir. 1986), cert. denied, 479 U.S. 1017

(1986); United States v. Stratton, 779 F.2d 820, 831,

834–35 (2d Cir. 1985), cert. denied, 476 U.S. 1162

(1986). Rule 23(b)(3) and this associated authority further supports Williams’ holding that the Sixth

Amendment right to a trial by jury does not encompass a jury of 12.

8

The Petitioner makes no attempt to identify error

in Williams’ analysis. As Williams observed, while the

“jury at common law came to be fixed generally at 12,

that particular feature of the common law jury appears to have been a historical accident,” 399 U.S. at

89 (footnote omitted), and was not uniform even at

common law, as the Pennsylvania colony “employed

juries of six or seven,” id. at 98 n.45 (citing Paul Samuel Reinsch, The English Common Law in the Early

American Colonies, in 1 Select Essays in Anglo-American Legal History 367, 398 (1907)).

But even assuming uniformity in common-law

practice, the Court explained that not every such practice was “immutably codified into our Constitution.”

Williams, 399 U.S. at 90; see Dobbs v. Jackson

Women’s Health Org., 597 U.S. 215, 253 (2022) (“[T]he

fact that many States in the late 18th and early 19th

century did not criminalize pre-quickening abortions

does not mean that anyone thought the States lacked

the authority to do so.”). For example, at English common law, a jury consisted of 12 male freeholders (i.e.,

landowners) from the vicinage (i.e., county) of the alleged crime. 4 William Blackstone, Commentaries on

the Laws of England 343–44 (1769); see also Henry G.

Connor, The Constitutional Right to a Trial by a Jury

of the Vicinage, 57 U. Pa. L. Rev. & Am. L. Reg. 197,

198–99 (1909) (quoting the Continental Congress’s explanation of the prevailing practice of using “12 . . .

countrymen and peers of [the accused’s] vicinage”);

William S. Brackett, The Freehold Qualification of Jurors, 29 Am. L. Reg. 436, 444–46 (1881) (detailing the

colonies’ widespread practice of following the commonlaw requirement that juries consist only of “freeholders”). Yet the petitioner does not contend that the

9

Sixth Amendment at any point in history mandated

that a jury consist only of male landowners hailing

from a particular county.

As Williams correctly observed, any such contention would be inconsistent with the Sixth Amendment’s drafting history. The Framers, the Court explained, resoundingly rejected James Madison’s proposal to constitutionalize in the Sixth Amendment all

the “accustomed requisites” of the common-law jury.

Williams, 399 U.S. at 94 (quoting 1 Annals of Cong.

452 (1789) (Joseph Gales ed., 1834)). Instead, the

Sixth Amendment that the Framers proposed and the

people ratified required only that juries be impartial

and drawn from the state and district in which the

crime was committed, which departed from the common-law practice by allowing Congress to establish

the relevant vicinage through its creation of judicial

districts. And though one might conclude that the

Framers rejected the common-law requisites of jury

composition because they were implicit in the word

“jury,” Williams, 399 U.S. at 96–97 (noting the possibility); see also Khorrami, 143 S. Ct. at 25 (Gorsuch,

J., dissenting from denial of certiorari), Madison certainly did not think that was the case. He lamented

that in removing the common-law requirements, the

Framers “str[uck] . . . at the most salutary articles.”

Williams, 399 U.S. at 95 n.39 (quoting Letter from

James Madison to Edmund Pendleton, Sept. 14, 1789,

in 1 Letters and Other Writings of James Madison 491

(1865)). And Senator Richard Henry Lee “grieved”

that they had left the “Jury trial in criminal cases

much loosened.” Letter from Richard Henry Lee to

10

Patrick

Henry,

Sept.

14,

1789,

https://tinyurl.com/muu5xzfa. Those would seem dramatic reactions to the mere trimming of surplusage.

4. The petitioner errs in contending that this

Court’s recent decision in Ramos requires overruling

Williams. Pet. 14–16. Ramos held that the Sixth

Amendment constitutionalized the common-law requirement that a jury be unanimous, thus overruling

this Court’s fractured decision to the contrary in Apodaca v. Oregon, 406 U.S. 404 (1972). In doing so, Ramos discounted the relevance of the Amendment’s

drafting history, stating that “rather than dwelling on

text left on the cutting room floor, we are much better

served by interpreting the language Congress retained and the States ratified.” 590 U.S. at 98. The

Court instead relied on the fact that the unanimity of

a jury verdict was “a vital right protected by the common law,” id. at 90, to conclude that the Sixth Amendment protected the same.

But it does not follow that the Sixth Amendment

codified all aspects of the jury trial that existed at

common law—in particular the common-law rules for

jury composition such as the number of jurors, vicinage, and juror landownership. James Wilson—a

framer of the Constitution and one of the first Justices

on this Court—for instance observed: “When I speak

of juries, I feel no peculiar predilection for the number

twelve.” 2 James Wilson, Works of the Honourable

James Wilson 305 (1804) (quoted in Colgrove v. Battin,

413 U.S. 149, 156 n.10 (1973)). Rather, Wilson wrote,

a jury “mean[s] a convenient number of citizens, selected and impartial, who . . . are vested with discretionary powers to try the truth of facts.” Id. at 306. Six

11

impartial jurors acting by unanimous consent satisfy

that definition. And the Court in Williams itself noted

that its holding that a jury of six is constitutional was

distinct from the requirement of unanimity, which, it

observed, “unlike [jury size], may well serve an important role in the jury function”—namely, “as a device for insuring that the Government bear the heavier burden of proof.” 399 U.S. at 100 n.46.

Still less does it follow that the Court should discard Williams as Ramos discarded Apodaca. Unlike

Williams, which commanded a solid majority of this

Court, Apodaca was a uniquely fractured decision

that several Justices concluded in Ramos was not entitled to respect under the doctrine of stare decisis at

all. See Ramos, 590 U.S. at 93–97 (opinion of Gorsuch,

J., joined by Ginsburg, Breyer, and Sotomayor, JJ.);

id. at 112–14 (Sotomayor, J., concurring in part) (calling Apodaca a “universe of one”); id. at 100–02 (opinion of Gorsuch, J., joined by Ginsburg and Breyer, JJ.)

(concluding that Apodaca supplied no governing precedent). Unlike Apodoca’s holding that the Sixth

Amendment does not require unanimous juries in

state prosecutions, which subsequent cases referred to

as an “exception” to settled incorporation doctrine and

struggled to explain what it “mean[t],” Ramos, 590

U.S. at 95–97, Williams has consistently been “adhere[d] to” and “reaffirm[ed].” Ballew v. Georgia, 435

U.S. 223, 239 (1978) (opinion of Blackmun, J., joined

by Stevens, J.); see also Ludwig v. Massachusetts, 427

U.S. 618, 625–26 (1976); Collins v. Youngblood, 497

U.S. 37, 52 n.4 (1990); United States v. Gaudin, 515

U.S. 506, 510 n.2 (1995). And in Colgrove, this Court

followed Williams in holding that six-person juries

satisfy the Seventh Amendment’s guarantee of a jury

12

trial in civil cases. 413 U.S. at 158–60. That does not

reflect a decision that has “become lonelier with time.”

Ramos, 590 U.S. at 111.

5. Nor is reconsidering Williams warranted on the

ground that the Court followed its detailed historical

analysis with an assessment of the purpose of the jury

trial and the functioning of a six-person jury. See 399

U.S. at 100–02. In Williams, this Court construed the

purpose of the jury right to be “the interposition between the accused and his accuser of the commonsense judgment of a group of laymen,” and reasoned that the difference between a jury of six and 12

is not likely to make a difference in that regard “particularly if the requirement of unanimity is retained.”

Id. at 100. The Court also found that the available

data “indicate that there is no discernible difference

between the results reached by” six- and 12-person juries. Id. at 101 & n.48 (citing studies).

Purpose may validly inform the meaning of text.

See Antonin Scalia & Bryan A. Garner, Reading Law:

The Interpretation of Legal Texts 56 (2012) (“Of course,

words are given meaning by their context, and context

includes the purpose of the text.”). Not surprisingly,

this Court’s criminal-procedure precedents routinely

have considered purpose—and with far less analysis

of original meaning than Williams—in interpreting

constitutional text. See, e.g., Taylor v. Louisiana, 419

U.S. 522, 530 (1975) (Sixth Amendment requires juries selected from fair cross-section of community);

Miranda v. Arizona, 384 U.S. 436, 471–74 (1966) (law

enforcement must inform detainees of Fifth Amendment rights and obtain waiver before proceeding with

interrogation); Gideon v. Wainwright, 372 U.S. 335,

13

343–45 (1963) (Sixth Amendment requires court-appointed counsel for indigent defendants); Weeks v.

United States, 232 U.S. 383, 393 (1914) (evidence

seized in violation of Fourth Amendment is inadmissible at trial); Brady v. Maryland, 373 U.S. 83, 87–88

(1963) (prosecution must provide exculpatory evidence to defendant); Strickland v. Washington, 466

U.S. 668, 686–87 (1984) (Sixth Amendment requires

defense attorney to provide effective assistance); Atkins v. Virginia, 536 U.S. 304, 320–21 (2002) (Eighth

Amendment prohibits imposing capital punishment

on mentally disabled); Roper v. Simmons, 543 U.S.

551, 568–69 (2005) (Eighth Amendment prohibits imposing capital punishment for crimes committed when

defendant was under 18); Griffin v. California, 380

U.S. 609, 614–15 (1965) (Fifth Amendment prohibits

adverse inference from defendant’s failure to testify).

There is no basis for discounting Williams’ reasoning

simply because it also considered the “function”

served by the right. 399 U.S. at 99.

6. The petitioner is also wrong that post-decision

developments have cast doubt on Williams’ reasoning

that a six-person jury fulfills the purposes of the Sixth

Amendment. The petitioner cites Justice Blackmun’s

opinion in Ballew and subsequent research to suggest

that empirical evidence shows that six-person juries

do not function as well as 12-person juries. Pet. at 16–

20; see also Khorrami, 143 S. Ct. at 26–27 (Gorsuch,

J., dissenting from denial of certiorari). But those do

not present the kinds of overwhelming developments

sufficient to “erode” Williams’ “underpinnings,” Janus, 585 U.S. at 924—and in many ways later developments corroborate Williams.

14

To start, Ballew itself did not find that the purported developments warranted overruling Williams;

it “adhere[d] to” and “reaffirm[ed]” Williams. 435 U.S.

at 239 (opinion of Blackmun, J., joined by Stevens, J.).

And for good reason: post-Williams scholarship is, at

most, mixed on this point.

In fact, social-science studies amply support Williams’ conclusions, leading some scholars to criticize

courts for claiming that six-person juries are inferior.

See Kaushik Mukhopadhaya, Jury Size and the Free

Rider Problem, 19 J.L. Econ. & Org. 24, 24 (2003).

Smaller juries are preferable to larger ones in several

ways. For one, larger juries can lead to a “free riding”

phenomenon where jurors pay less attention and participate less in deliberations because they think there

are plenty of other jurors to do the work. Id. at 40.

That, in turn, can lead to less accurate verdicts. Id.

Six-person juries, by contrast, are more likely to

make decisions as a group rather than by a few outgoing jurors who dominate deliberations. See Bridget

M. Waller et al., Twelve (Not So) Angry Men: Managing Conversational Group Size Increases Perceived

Contribution by Decision Makers, 14 Grp. Processes &

Intergrp. Rels. 835, 839 (2011); see also Nicolas Fay et

al., Group Discussion as Interactive Dialogue or as Serial Monologue: The Influence of Group Size, 11 Psych.

Sci. 481, 481 (2000) (reporting similar findings in nonjury groups). Put differently, a juror is more likely to

find his or her voice in a smaller group setting.

Many assume that the additional jurors in a 12person jury make it more likely that one or more jurors will prevent the conviction of an innocent defendant. But if that were true, the rates of hung-juries

15

would be higher for 12-person juries than six-person

juries. Yet empirical data shows no significant differences in the rates of hung juries between six- and 12person juries. See, e.g., Barbara Luppi & Francesco

Parisi, Jury Size and the Hung-Jury Paradox, 42 J.

Legal Stud. 399, 402–04 (2013) (collecting studies).

And other studies show that if required to be unanimous, six-person juries do not suffer from a meaningful increase in inaccurate verdicts. See Alice Guerra et

al., Accuracy of Verdicts Under Different Jury Sizes

and Voting Rules, 28 Sup. Ct. Econ. Rev. 221, 232

(2020) (concluding that unanimous six-person juries

“are alternative ways to maximize the accuracy of verdicts while preserving the functionality of juries”).

That reality is reflected in publicly available statistics. Far from returning higher rates of convictions,

see Khorrami, 143 S. Ct. at 26 (Gorsuch, J., dissenting

from denial of certiorari), Florida juries convict criminal defendants at comparable—and possibly even

slightly lower—rates than juries in jurisdictions that

use 12 jurors. For example, between 2017 and 2019,

felony juries in Florida convicted defendants at rates

16

of 74.0%, 2 73.3%, 3 and 72.1%, 4 respectively. In the

same years, felony juries in Texas convicted at rates

of 79.0%, 5 81.0%, 6 and 78.0%; 7 felony juries in California convicted at rates of 86.0%, 8 85.0%, 9 and 84.0%; 10

and felony juries in New York convicted at rates of

2

See Fla. Off. of State Cts. Adm’r, Florida’s Trial Courts Statistical Reference Guide FY 2016-17 3-21 (2018), https://tinyurl.com/4drv24ky (1,901 convictions out of 2,570 cases that

went to the jury).

3

See Fla. Off. of State Cts. Adm’r, Florida’s Trial Courts Statistical Reference Guide FY 2017-18 3-21 (2019), https://tinyurl.com/433vwfy3 (1,784 convictions out of 2,434 cases that

went to the jury).

4

See Fla. Off. of State Cts. Adm’r, Florida’s Trial Courts Statistical Reference Guide FY 2018-19 3-21 (2020), https://tinyurl.com/43zywh5n (1,621 convictions out of 2,248 cases that

went to the jury).

5

Off. of Ct. Admin., Annual Statistical Report for the Texas

Judiciary Fiscal Year 2017 Court-Level - 20 (2018), https://tinyurl.com/mtrp379s.

6

Off. of Ct. Admin., Annual Statistical Report for the Texas

Judiciary Fiscal Year 2018 Court-Level - 21 (2019), https://tinyurl.com/2s3fsmpf.

7

Off. of Ct. Admin., Annual Statistical Report for the Texas

Judiciary Fiscal Year 2019 Court-Level 23 (2020), https://tinyurl.com/ywh779v3.

8

Jud. Council of Cal., 2018 Court Statistics Report: Statewide

Caseload Trends 69 (2018), https://tinyurl.com/5n6tj9pr.

9

Jud. Council of Cal., 2019 Court Statistics Report: Statewide

Caseload Trends 69 (2019), https://tinyurl.com/mwmby3h5.

10

Jud. Council of Cal., 2020 Court Statistics Report:

Statewide

Caseload

Trends

55

(2020),

https://tinyurl.com/2mym3hrx.

17

74.6%, 11 73.7%, 12 and 75.2%. 13 The petitioner’s implication that Florida juries are steamrolling criminal

defendants relative to other jurisdictions thus lacks

support in the data. Instead, the data reflect what

multiple studies have shown: six- and 12-person juries

similarly serve to “interpos[e] between the accused

and his accuser . . . the commonsense judgment of a

group of laymen.” Williams, 399 U.S. at 100. 14 It is

thus not true, as the petitioner would have it, that

Williams’ assessment of the six-person jury’s effectiveness “has proven incorrect.” Pet. 17.

7. The petitioner adds insult to error in suggesting

that Florida’s six-person jury rule was adopted “to

suppress minority voices.” Pet. 20–21. Beyond noting

that the rule dates from Reconstruction, however, the

petitioner cites no evidence suggesting that is so, and

makes no attempt to explain how a rule establishing

the size of juries without regard to race could be a covert instrument of racism.

11

Chief Adm’r of Cts., New York State Unified Court System

2017 Annual Report 48 (2018), https://tinyurl.com/yckheu9v.

12

Chief Adm’r of Cts., New York State Unified Court System

2018 Annual Report 42 (2019), https://tinyurl.com/yc7cvjhe.

13

Chief Adm’r of Cts., New York State Unified Court System

2019 Annual Report 38 (2020), https://tinyurl.com/2wtwfmdm.

14

Relying on studies purporting to show that smaller juries

result in fewer minority jurors, the petitioner suggests that sixperson juries threaten the right to a jury drawn from a fair crosssection of the community. See Pet. 18–19; see also Khorrami, 143

S. Ct. at 26 (Gorsuch, J., dissenting from denial of certiorari).

Even if that were true, the fair-cross-section requirement applies

only to the venire, not the petit jury. Lockhart v. McCree, 476

U.S. 162, 173–74 (1986).

18

Florida history in fact shows quite the opposite.

The petitioner believes it nefarious that “[t]he common law rule of a jury of twelve was still kept in Florida while federal troops remained in the state,” but

that Florida then reduced the size of certain juries to

six in 1877, after the departure of federal troops that

had occupied Florida after the Civil War. Pet. 20–21.

But the petitioner fails to note that, even after that,

Florida also retained 12-person juries in capital cases,

Act of February 17, 1877, ch. 3010, § 6, 1877 Fla. Laws

54, a fact quite inconsistent with the petitioner’s

charge of racism. And in any event, the petitioner does

not contend that any part of Florida’s current constitution, which was adopted in 1968 and provides that

“the number of jurors, not fewer than six, shall be

fixed by law,” Fla. Const. art. I, § 22, was motivated

by racial animus.

8. Finally, the petitioner does not so much as

acknowledge, let alone dispute, that overruling Williams would have sweeping consequences for the citizens of Arizona, Connecticut, Florida, Indiana, Massachusetts, and Utah, who have for decades relied on

Williams in using criminal juries of less than 12 jurors.

Florida is the third most populous state in the

country and tries all noncapital crimes before six-person juries. Currently, roughly 5,000 criminal convictions are pending on direct appeal in Florida. Overruling Williams would force the use of public resources to

conduct thousands of retrials on top of the trials already pending and might well result in the release of

convicted criminals into the public.

19

The states’ reliance interests here far outstrip the

already “massive” and “concrete” reliance interests in

Ramos. 590 U.S. at 161 (Alito, J., dissenting). There,

only two states allowed nonunanimous jury verdicts,

and overruling Apodaca affected only those convictions that were actually obtained by nonunanimous

verdicts. The affected convictions numbered somewhere in the hundreds. Id. at 108. Here, by contrast,

six states use juries with less than 12 jurors in at least

some criminal prosecutions. And all convictions from

those juries would suddenly be suspect. In Florida,

that is every conviction that is not a capital case,

which amounts to several thousand.

As a last point on reliance, overruling Williams

would not affect only criminal cases. In Colgrove, this

Court relied on Williams in holding that the Seventh

Amendment permits six-person juries in civil trials.

413 U.S. at 158–60. Consequently, nearly 90% of federal civil verdicts would also be in jeopardy. See Fed.

R. Civ. P. 48(a); Patrick E. Higginbotham et al., Better

by the Dozen: Bringing Back the Twelve-Person Civil

Jury, 104 Judicature 46, 50 (2020) (finding that only

roughly 12% of federal civil trials use 12-person juries). The petitioner fails to establish sufficient

grounds for this Court to take the extraordinary step

of invalidating thousands of criminal and civil judgments.

II. THIS CASE IS A POOR VEHICLE.

At any rate, this case is a poor vehicle for reconsidering Williams. This Court generally avoids deciding

legal issues when doing so will have no effect on the

litigants in the case. See Chafin v. Chafin, 568 U.S.

20

165, 172 (2013). Yet even if the Court granted the petition and overruled Williams, the petitioner would

not obtain relief because the error would be harmless.

A constitutional error at trial generally does not

require automatic reversal. Chapman v. California,

386 U.S. 18, 22 (1967). An error usually requires reversal only if it was likely to have affected the outcome

of the trial. Id. Thus, “most constitutional errors can

be harmless.” Neder v. United States, 527 U.S. 1, 8

(1999). If the defendant had the assistance of counsel

in a trial with an impartial adjudicator, “there is a

strong presumption” that any errors are subject to

harmless-error analysis. Id.

The only exception to the general rule subjecting

constitutional errors to harmless-error analysis is for

so-called “structural errors.” Weaver v. Massachusetts,

582 U.S. 286, 294–95 (2017). But the exception applies

only to a “very limited class” of errors. Neder, 527 U.S.

at 8. Those errors fall under three categories—none of

which would include empaneling fewer than 12 jurors.

First, an error may be structural when the violated

right protects some interest other than preventing erroneous convictions. Weaver, 582 U.S. at 295. But the

petitioner himself argues that accuracy is the interest

protected by the purported 12-person requirement.

Pet. 17–20. Second, errors are structural when they

are inherently harmful such that they always result

in fundamental unfairness. Weaver, 582 U.S. at 296.

Smaller juries, however, cannot be said to always result in unfairness—in many cases they will have no

effect or may even benefit the defendant. Third, an error is structural if the effect of the error is impossible

to determine. Id. at 295–96. But as this Court held in

21

Neder, the effect of violating a defendant’s Sixth

Amendment jury right is sometimes possible to determine because a court can review the record and, if the

evidence is “overwhelming” and “uncontroverted,” determine beyond a reasonable doubt what the jury

would have done. 527 U.S. at 9.

In Neder, an element of the charged offense was

omitted from the jury instructions such that the jury

did not find every element of the offense. See id. at 8.

Even though that error deprived the defendant of his

Sixth Amendment jury right because the omission

meant a jury never convicted him of the charged offense, the Court held that the error was harmless. Id.

at 15, 19–20. Because the record contained “overwhelming” and “uncontroverted” evidence of the omitted element, the Court found beyond a reasonable

doubt that the jury would have found the omitted element. See id. at 9, 19–20. Similarly, this Court has

subjected other deprivations of a Sixth Amendment

jury to harmless-error analysis. See Washington v.

Recuenco, 548 U.S. 212, 221–22 (2006) (subjecting a

judge’s unconstitutional finding of a fact that increased the maximum possible sentence to harmlesserror analysis); Hurst v. Florida, 577 U.S. 92, 102–03

(2016) (remanding to determine whether depriving

defendant of the right to have a jury find aggravating

factors necessary for a death sentence was harmless).

Were Williams overruled, the same reasoning

would apply here. A court can review the trial record

and evaluate whether the evidence was “overwhelming” such that there is no reasonable doubt that an

additional six jurors would not have affected the outcome. If anything, the case for harmless-error review

22

is stronger here than in Neder as an appellate court at

least has the benefit of a jury finding as to each element of the offense.

The State would prove any error here harmless beyond a reasonable doubt. The evidence at trial was

“overwhelming.” Three of the petitioner’s patients testified that, on five separate occasions, the petitioner

performed chiropractic treatment on them while the

petitioner’s license was suspended in Florida. The

chart notes of two of the patients and the petitioner’s

office patient schedule also reflected that the petitioner performed chiropractic treatment five separate

times on those three patients, corroborating the patients’ testimony. Changing the size of the jury would

not have altered the outcome. Thus, the petitioner

would not be entitled to reversal of his conviction

whether or not the Court overruled Williams. So even

if the Court wishes to take the drastic step of overruling a 55-year-old precedent, the Court should at least

do so in a case where the decision will affect the ultimate outcome.

CONCLUSION

The petition for a writ of certiorari should be denied.

23

Respectfully submitted,

OFFICE OF THE

ATTORNEY GENERAL

State of Florida

1515 N. Flagler Drive,

Suite 900

West Palm Beach, FL

33401

Phone: (561) 837-5016

crimappwpb@

myfloridalegal.com

JAMES UTHMEIER

Attorney General of

Florida

CELIA TERENZIO

Bureau Chief, Criminal

Appeals

Counsel of Record

JOSEPH MOLLICA

Assistant Attorney General

Counsel for Respondent

April 20, 2026

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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