Brief for Legal Scholars and Historians as Amici Curiae in Support of Petitioners, Jackson v. State, Nos. 26-76, 26-78 (U.S Supreme Ct. Aug. 14, 2026)

Authors

• G. Ben Cohen, University of Akron Law SchoolFollow
• Seth P. Waxman, Wilmer, Cutler, Pickering, Hale and Dorr LLP
• Ashley Bierman, University of Akron School of LawFollow
• Sara Saunders, University of Akron School of LawFollow

Document Type

Court Filing

Publication Date

8-14-2026

Abstract

Under a Florida law enacted in 2023, a judge may impose the death penalty only if the jury first “determine[s] that the defendant should be sentenced to death.” Fla. Stat. § 921.141(2)(c). The question presented is whether the Sixth or Eighth Amendment requires that jury determination to be unanimous, or whether it suffices—as provided in the statute—for only eight of the twelve jurors to vote for death.

Publication Title

U.S. Supreme Court

Recommended Citation

Cohen, G. Ben; Waxman, Seth P.; Bierman, Ashley; and Saunders, Sara, "Brief for Legal Scholars and Historians as Amici Curiae in Support of Petitioners, Jackson v. State, Nos. 26-76, 26-78 (U.S Supreme Ct. Aug. 14, 2026)" (2026). Akron Law Faculty Publications. 493.
https://ideaexchange.uakron.edu/ua_law_publications/493