Appeals Court Upholds Six-Juror Verdict in Lee County

Julio Velazquez's conviction stands as the Florida appellate court ties his challenge to a pending U.S. Supreme Court case.

Updated on Nov. 7, 2026 in Criminal Justice

Bold flat-color editorial illustration of a pale stucco courthouse facade with a central flagpole and a single palm tree beneath a clear sky. — The Sixth District Court of Appeal upheld Julio Velazquez's Lee County conviction, ruling Florida's six-person juries remain valid under 1970 Supreme Court precedent. AI Illustration. Upload story photo >

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The Sixth District Court of Appeal affirmed the conviction of Julio Velazquez in Lee County on two non-capital felony charges. Velazquez had argued Florida violated his Sixth Amendment rights by seating six jurors instead of twelve.

Why it matters

The ruling keeps six-person juries in place for non-capital cases in Florida while the U.S. Supreme Court considers whether to revisit the precedent. The outcome of Kian v. Florida could determine whether the longstanding practice survives.

The conviction was affirmed by a unanimous three-judge panel, with Judges Nardella and Kamoutsas joining the opinion. Velazquez raised the jury-size challenge on appeal rather than at trial, meaning he had to show fundamental error, and the U.S. Supreme Court's review of Kian v. Florida remains pending.

The players

Julio Velazquez

Velazquez is the defendant convicted in Lee County who challenged the six-person jury used at his trial.

U.S. Supreme Court

The nation's highest court agreed earlier in 2026 to review Kian v. Florida, which could determine whether Williams v. Florida is overruled.

The details

Velazquez's defense did not object to the six-person jury during his trial before Lee County Circuit Judge Nicholas Thompson. On appeal, the court held that Williams v. Florida, decided in 1970, remains binding precedent unless the Supreme Court overrules it.

1877: Florida first permitted six-person juries in non-capital cases.
1970: Williams v. Florida upheld six-member juries for non-death-penalty offenses.
Earlier in 2026: The U.S. Supreme Court agreed to review Kian v. Florida.
Friday: The Sixth District Court of Appeal affirmed Velazquez's conviction.

Legal Context

The appellate court relied on Williams v. Florida, the 1970 U.S. Supreme Court decision that allows six-member juries for non-death-penalty offenses. That precedent now faces renewed scrutiny in Kian v. Florida, which the Supreme Court agreed to review earlier this year.

Felony defendants in non-capital Florida cases continue to face six-person juries unless the Supreme Court changes the rule. Residents called for jury service in those cases will serve on panels of six rather than twelve while the question is litigated.

The takeaway

Jury size in non-capital cases is a live constitutional question, and the Supreme Court's pending decision in Kian v. Florida will settle whether six-person juries remain lawful nationwide.

What happens next

The U.S. Supreme Court's review of Kian v. Florida will determine whether Williams v. Florida is overruled; no date for that ruling has been provided.