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The Supreme Court outlawed split juries, but hundreds remain in prison anyway

In 2020, the Supreme Court struck down laws that allowed people in Louisiana and Oregon to be convicted even if two jurors voted not guilty. Despite the ruling, some of them may never get a new trial.
In 2020, the U.S. Supreme Court ruled split-jury verdicts unconstitutional. Since then, Oregon and Louisiana have gone in opposite directions in deciding how to approach past convictions.

Jill Miller was facing life in prison for second-degree murder, but after hours of deliberation, the jury was deadlocked at 8-4 over whether to convict.

The prosecution's case seemed clear-cut: On July 7, 1998, Miller grabbed a .45-caliber pistol and fatally shot her husband, a local sheriff's deputy named Denver Miller, as he slept in bed at their home in Franklinton, La. Then she lied to police, blaming burglars, all because she wanted to have an affair with another man.

Still, there was uncertainty in the jury box. Yes, she blamed burglars before ultimately confessing to authorities. But Miller says it was because she was ashamed to admit that her husband was regularly violent with her. They were arguing when it happened, and Miller says he pointed a gun and fired first. Then she shot him in self-defense, she testified at trial.

"I can't begin to tell you how hard it is when you love someone — even if people don't understand why you love them — to know that you're responsible for their death. People don't understand that," Miller said in a recent interview, a quiver in her voice. "And there are so many women out there that nobody believes them, and I just ask people to look deep down inside, because nobody really knows what they would do if they were put in certain situations."

Ultimately, the jury split: 10 to convict, two not guilty. In most states, that would have been a mistrial. But in 1999, the year Miller was convicted, Louisiana was one of two states where a person could still be convicted by a non-unanimous jury; Oregon was the other. At 31 years old, the mother of four was sentenced to life in prison without parole.

The U.S. Supreme Court outlawed split-jury verdicts for people accused of serious crimes in the landmark 2020 ruling , righting a historical wrong propelled more than a century ago by white supremacy and xenophobic fervor. But the decision only applied to open cases and convictions that were under appeal at the time of the ruling. The justices left it to Oregon and Louisiana to decide whether to apply the decision retroactively and give inmates like Miller a second chance.

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