A state statute reduces juries in criminal trials to 6 jurors and allows nonunanimous verdicts. A defendant is tried for murder by a 6‑person jury and is convicted 5–1. In a federal habeas corpus proceeding, how is the court likely to rule about the nonunanimous verdict and the size of the jury?

A state statute reduces juries in criminal trials to 6 jurors and allows nonunanimous verdicts. A defendant is tried for murder by a 6‑person jury and is convicted 5–1. In a federal habeas corpus proceeding, how is the court likely to rule about the nonunanimous verdict and the size of the jury?

• A. It will uphold the conviction; nonunanimous verdicts are allowed and 6 jurors are permissible.
• B. It will set aside the conviction, because the 6-person jury verdict was not unanimous.
• C. It will remand for a new trial under the same terms.
• D. It will grant relief only if prejudice is shown.

Answer: (B)