State v. Williams
466 P.3d 55
Or.2020Background:
- Williams was charged with two counts of first-degree sodomy; the jury was instructed it could return a nonunanimous guilty verdict.
- Jury acquitted on one count and convicted on the other; the trial court polled the jury and received a nonunanimous guilty verdict without objection.
- After sentencing, Williams (who is Black) moved for a new trial arguing Oregon’s nonunanimous-jury rule violated the Equal Protection Clause; the trial court denied the motion but found historical evidence that race motivated the rule’s adoption.
- On appeal Williams pressed only the Equal Protection claim; the Court of Appeals affirmed, holding the Equal Protection challenge not reviewable.
- The U.S. Supreme Court decided Ramos v. Louisiana, holding the Sixth Amendment requires unanimous jury verdicts; the State conceded that, under Ramos, Williams’s Sixth Amendment claim qualified for plain-error review.
- The Oregon Supreme Court exercised its discretion to consider the unpreserved Sixth Amendment claim, accepted the State’s concession, reversed the conviction, and remanded for further proceedings.
Issues:
| Issue | State's Argument | Williams's Argument | Held |
|---|---|---|---|
| Whether Oregon courts may consider Williams’s unpreserved Sixth Amendment claim (procedural waiver/plain-error) | Ramos changes controlling law; plain-error review is appropriate; court should exercise discretion to review | Omission of a Sixth Amendment argument in earlier briefing was understandable given pre-Ramos law; good cause exists to permit review | Court found good cause under ORAP 1.20(5), accepted plain-error review, and exercised discretion to consider the claim |
| Whether a nonunanimous guilty verdict violates the Sixth Amendment after Ramos | State conceded the conviction is invalid under Ramos if the court reviews the error | Ramos requires unanimous jury verdicts; Williams’s conviction must be vacated | Court accepted the concession, reversed the conviction, and remanded for further proceedings |
Key Cases Cited
- Ramos v. Louisiana, 140 S. Ct. 1390 (2020) (Sixth Amendment requires unanimous jury verdicts)
- Apodaca v. Oregon, 406 U.S. 404 (1972) (prior precedent upholding nonunanimous verdicts)
- State v. Ulery, 366 Or. 500 (2020) (companion Oregon opinion addressing plain-error review post-Ramos)
- State v. Williams, 297 Or. App. 16 (2019) (Court of Appeals decision affirming conviction before Ramos)
- State v. Hagberg, 347 Or. 272 (2009) (intervening authoritative U.S. Supreme Court rulings can supply good cause to waive appellate rules)