In Duncan v. Louisiana (1968), the Supreme Court incorporated the 6th Amendment right to a jury trial against the states. State courts are now bound by this provision as well as federal courts. Nevertheless, this provision is interpreted slightly differently when applied to state and federal courts. While federal courts are bound to use 12-member juries, states may use smaller juries in certain cases. Also, in Apodaca v. Oregon (1972), it was decided that, while federal courts could only convict with a jury that agreed unanimously in the defendant’s guilt, state courts were allowed to apply a rule that required less than unanimity.