Ballew v. Georgia

1978 United States Supreme Court case
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

References

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

External links

  • Text of Ballew v. Georgia, 435 U.S. 223 (1978) is available from: Cornell  Google Scholar  Justia  Library of Congress  Oyez (oral argument audio) 
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Impartial Jury Clause
Availability
Impartiality
Facts found
Size and unanimity
Vicinage Clause
Impeachment of verdicts
Information Clause
Out-of-court statements
Face-to-face confrontation
Restrictions on cross-examination
Choice
Appointment
Conflict-free
Ineffective assistance
Uncounseled statements
Pro se representation