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Ballew Vs. Georgia

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  • US Supreme Court
  • Mar 21, 1978

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65 entries 3 linked 62 unlinked
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  1. Duncan Vs. Louisiana US Supreme Court · May 20, 1968
    Relied / Followed
  2. Apodaca Vs. Oregon US Supreme Court · May 22, 1972
  3. Colgrove Vs. Battin US Supreme Court · Jun 21, 1973
  4. U.S. 223 (1978) U.S. Supreme Court Ballew v. Georgia
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  5. U.S. 223 (1978) Ballew v. Georgia
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  6. pursuant to Georgia law, and convicted. Though a criminal trial by a six-person jury is permissible under Williams v. Florida
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  7. Our resolution of the issue requires an application of principles enunciated in Williams v. Florida
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  8. the presence of the two convictions. In its consideration of the five-person jury issue, the court noted that Williams v. Florida
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  9. Court that a five-person jury was constitutionally inadequate, the Court of Appeals considered itself bound by Sanders v. State
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  10. where the constitutionality of the five-person jury had been upheld. The court also cited the earlier case of McIntyre v. State
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  11. II The Fourteenth Amendment guarantees the right of trial by jury in all state nonpetty criminal cases. Duncan v. Louisiana
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  12. See Baldwin v. New
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  13. York, 399 U. S. 66 , 399 U. S. 68 -69 (1970) (opinion of WHITE, J.). In Williams v. Florida
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  14. See Apodaca v. Oregon
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  15. of guilt and by the application of the common sense of laymen who, as jurors, consider the case. Williams v. Florida
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  16. See Johnson v. Louisiana
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  17. any state interest counterbalances and justifies the disruption so as to preserve its constitutionality. Williams v. Florida
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  18. and Colgrove v. Battin
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  19. Smith v. Texas
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  20. Carter v. Jury
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  21. Comm'n, 396 U. S. 320 , 396 U. S. 330 (1970), quoting Strauder v. West
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  22. when evaluating jury function and performance. IV While we adhere to, and reaffirm our holding in Williams v. Florida
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  23. argument that a reduction to five does not offend important Sixth Amendment interests. First, its reliance on Johnson v. Louisiana
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  24. is that the purpose and functions of the jury do not vary significantly with the importance of the crime. In Baldwin v. New
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  25. The need for an effective jury here must be judged by the same standards announced and applied in Williams v. Florida
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  26. by the five-person panel. Apodaca v. Oregon
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  27. Equal Protection Clause by discriminating on the basis of race or some other improper classification. See Carter v. Jury
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  28. the number of jurors below six will not affect to a constitutional degree the functioning of juries in criminal trials. v. With
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  29. The Amendment's provision as to trial by jury is made applicable to the States by the Fourteenth Amendment. Duncan v. Louisiana
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  30. Nobles v. State
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  31. of its size, the Georgia jury in a criminal trial, in order to convict, must do so by unanimous vote. Ball v. State
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  32. The Court rejected the assumption, made in Thompson v. Utah
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  33. U. S. 343 , 170 U. S. 349 (1898), and certain later cases, see Patton v. United
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  34. Rassmussen v. United
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  35. and Maxwell v. Dow
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  36. Pabst, Statistical Studies of the Costs of Six-Man v. Twelve-Man
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  37. An Evaluation of Williams v. Florida
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  38. We also note that THE CHIEF JUSTICE did not shrink from the use of empirical data in Williams v. Florida
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  39. when the data were used to support the constitutionality of the six-person criminal jury, or in Colgrove v. Battin
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  40. See Faust., Group versus Individual
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  41. Reanalyzed, 7 U.Mich.J.L.Reform 520 (1974). The criticized study was cited and relied upon by the Court in Colgrove v. Battin
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  42. An Empirical Study of Trial Results, 6 U.Mich. J.L.Reform 671 (1973). This also was cited and relied upon in Colgrove v. Battin
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  43. and common sense is important in obscenity trials, where juries must define and apply local standards. See Miller v. California
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  44. Pabst, Statistical Studies of the Costs of Six-Man v. Twelve-Man
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  45. concurring. While I join MR. JUSTICE BLACKMUN s opinion, I have not altered the views I expressed in Marks v. United
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  46. agree, however, that every feature of jury trial practice must be the same in both federal and state courts. Apodaca v. Oregon
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  47. to my belief that Ga.Code Ann. 26-2101 (1972) is overbroad, and therefore facially unconstitutional. See Sanders v. Georgia
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  48. U. S. 931 (1976) (dissent from denial of certiorari). See also Paris Adult Theatre I v. Slaton
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  49. U.S. Supreme Court Ballew v. Georgia
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  50. Williams v. Florida
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