By David Oscar Markus
In Florida state court, you try your non-capital felonies to six jurors. The Supreme Court blessed that setup in Williams v. Florida, 399 U.S. 78 (1970), and for fifty-six years that was the end of the conversation.
Maybe not anymore.
Yesterday the Court granted cert in Kian v. Florida, No. 25-6623, to decide whether the Sixth Amendment entitles a defendant charged with a serious felony to a jury of twelve.
The defendant is Hamed Kian, a chiropractor out of Jupiter. A six-person jury convicted him on five counts of practicing with a suspended license, and he drew a year and a day. The Fourth DCA affirmed with a PCA. Kian v. State, 421 So. 3d 439 (Fla. 4th DCA 2025).
The argument is one that has been kicking around lately, including an order from Judge Milton Hirsch* in 2022 saying that the Constitution demanded 12 jurors. Justice Gorsuch also said as much three years ago, dissenting from the denial of cert in Khorrami v. Arizona.
The cert petition came out of the Public Defender's office in West Palm Beach. Paul Petillo and the PD15 appellate shop got the Supreme Court to grant review in a case the Fourth DCA did not bother to write an opinion on. We really should get rid of PCAs.
Argument is set for the fall. If Williams falls, a whole lot of Florida verdicts get interesting in a hurry.
*Speaking on Judge Hirsch, the New York Times covered an fascinating only-in-Miami story and Order that he wrote here. Plus, the story was written by Dave Ovalle who is back covering Miami court stories, now for the Times.
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