2009-10 McBaine Problem
The case for the competition is Lee v. Louisiana and competitors will address the following question: Whether the Sixth Amendment right to jury trial, as applied to the states through the Fourteenth Amendment, allows a criminal conviction based on a non-unanimous jury verdict.
In addition to the Lee v. Louisiana case, competitors will also address the problem as if it had been consolidated with two similar cases-- Bertrand v. Louisiana, No. 09-0409 [though this case is real, this docket number was assigned for the purposes of the competition only; all other docket numbers and citations are real docket numbers], and Bowen v. Oregon, No. 08-1117. This puts Oregon and Louisiana law squarely at issue as to the constitutionality of non-unanimous jury convictions in criminal cases.