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Ballew v. Georgia

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Ballew v. Georgia
Argued November 1, 1977
Decided March 21, 1978
Full case nameClaude D. Ballew v. State of Georgia
Citations435 U.S. 223 (more)
98 S. Ct. 1029; 55 L. Ed. 2d 234; 3 Media L. Rep. 1979
Holding
A criminal conviction based on a five person jury is unconstitutional, the minimum size for a jury hearing a petty offense is six.
Court membership
Chief Justice
Warren E. Burger
Associate Justices
William J. Brennan Jr. · Potter Stewart
Byron White · Thurgood Marshall
Harry Blackmun · Lewis F. Powell Jr.
William Rehnquist · John P. Stevens
Case opinions
PluralityBlackmun, joined by Stevens
ConcurrenceStevens
ConcurrenceWhite (in judgment)
ConcurrencePowell (in judgment), joined by Burger, Rehnquist
Concur/dissentBrennan (in judgment), joined by Stewart, Marshall
Laws applied
United States Constitution, Amendment VI

Ballew v. Georgia, 435 U.S. 223 (1978), was a case heard by the United States Supreme Court that held that a Georgia state statute authorizing criminal conviction upon the unanimous vote of a jury of five was unconstitutional. The constitutional minimum size for a jury hearing petty criminal offenses was held to be six.[1]

See also

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References

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  1. ^ Varat, J.D. et al. Constitutional Law Cases and Materials, Concise Thirteenth Edition. Foundation Press, New York, NY: 2009, p. 356
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