In United States v. Ferreira. ARMY MISC 20220034 (A. Ct. Crim. App. Jan. 28, 2022) The government has filed for and received a stay of proceedings in this case based on the military judge’s decision in United States v. Dial,” that he will instruct the jury that they must have a unanimous vote for guilty to any of the charges.
The government has petitioned for a Writ of Prohibition as they have done in Dial. Here is a link to the government’s petition filed in United States v. Dial, ARMY MISC 20220001 (A. Ct. Crim. App. Jan. 4, 2022).
In 1775, the Second Continental Congress adopted the British Articles of War for the Continental army. The Articles did not require unanimous verdicts in courts-martial findings. That a military jury can find a service member guilty with less than unanimous votes remains the law. That law now conflicts with the law in all U.S. jurisdictions since the Supreme Court decided the case of Ramos v. Louisiana in 2020.