What is the test for the principle that unanimity is required in a federal criminal trial where the Sixth and Seventh Amendments apply?
The following excerpt is from Diaz v. Lewis, No. 2:12-cv-1095 WBS AC (E.D. Cal. 2014):
Petitioner relies on Andres v. United States, 333 U.S. 740 (1948), for the principle that "unanimity in jury verdicts is required where the Sixth and Seventh Amendments apply." See ECF No. 41 at 26. Petitioner correctly quotes Andres, id. at 748, but fails to appreciate that its
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holding is limited to federal prosecutions. See Johnson v. Louisiana, 406 U.S. 356, 369-70 & n.5 (1972) (Powell, J., concurring) (discussing differences in application of unanimity principle to federal and state trials). Apodaca indisputably governs state criminal prosecutions such as petitioner's.
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