Skip to main content

No. 21-1553October Term 2021Decided Nov 7, 2022

Docket 21-1553October Term 2021 (2021–2022)

Khorrami v. Arizona

For now, the key question is whether the Supreme Court will reconsider older cases and require 12 jurors in serious criminal prosecutions.

Case status

Current stage
Decided
Latest event
Decision released Nov 7, 2022
Case Accepted
Arguments
Decision ReleasedNov 7, 2022
What it's about

This case asks whether Arizona could try a criminal defendant charged with a felony before a jury of fewer than 12 people. The petitioner argues that the Sixth and Fourteenth Amendments guarantee a 12-person jury in serious criminal cases and that the Court should revisit earlier decisions allowing smaller juries.

Question presented

Whether this Court should overrule Williams and its progeny to hold that the Sixth and Fourteenth Amendments require a 12-person jury in every criminal case where the defendant is charged with a serious offense.

Case path

Court of Appeals of Arizona, Division One / Decision released Nov 7, 2022

Area

Decided Supreme Court case

Briefing

What it's about

Khorrami v. Arizona asks whether the Constitution requires a 12-person jury in every serious criminal case. The petitioner says Arizona could not try a felony case before fewer than 12 jurors and wants the Supreme Court to revisit earlier cases allowing smaller juries.

Vote

The case has not been argued, and no Supreme Court decision is available yet. The petitioner argues that the Sixth and Fourteenth Amendments require a 12-person jury in serious criminal cases, while earlier Supreme Court cases allowed smaller juries.

Impact

The answer could affect how states run felony trials and how much protection defendants get when they face serious charges. For example, a person charged with a felony in Arizona could argue that a jury smaller than 12 is unconstitutional.

What's next

No decision window is available yet. Watch for oral argument to be scheduled or for another move from the Court.

What exactly is Khorrami asking the Supreme Court to decide?

He wants the Court to say the Sixth and Fourteenth Amendments require 12 jurors in every serious criminal case. That would mean revisiting earlier cases that allowed smaller juries.

Who could be affected if the Court agrees with Khorrami?

Defendants facing felony charges in states that use fewer than 12 jurors could challenge those trials. State courts and prosecutors might need to change jury procedures.

What should people watch for next in Khorrami v. Arizona?

The next sign of movement would be oral argument being scheduled or another order from the Court. Right now, no decision window is available.

Decision

Decision record

What the Court decided

For now, the key question is whether the Supreme Court will reconsider older cases and require 12 jurors in serious criminal prosecutions.

Impact

The answer could affect how states run felony trials and how much protection defendants get when they face serious charges. For example, a person charged with a felony in Arizona could argue that a jury smaller than 12 is unconstitutional.

Not official Court text.

Opinion documents

Timing

Decided November 7, 2022

The Court released its decision on November 7, 2022 without hearing oral argument.

Grounding

Grounding
Primary materials plus reporting.
Note
Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.
Checked
Jul 2, 2026
Primary materials7
Context reporting2