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Burch Vs. Louisiana
Cites for this judgment
- US Supreme Court
- Apr 17, 1979
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U.S. 130 (1979) U.S. Supreme Court Burch v. LouisianaSearch
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U.S. 130 (1979) Burch v. LouisianaSearch
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of the jury trial guarantee and justifies requiring verdicts rendered by such juries to be unanimous. Cf. Ballew v. GeorgiaSearch
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the court held that conviction by a nonunanimous six-person jury did not offend the Constitution. State v. WrestleSearch
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was enough for a verdict as determined in Johnson v. LouisianaSearch
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of Rights of the Louisiana Constitution of 1974, 3 La.L.Rev. 1, 56 n. 300 (1974). And our recent decision in Ballew v. GeorgiaSearch
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years has this Court had to consider the practices of the several States relating to jury size and unanimity. Duncan v. LouisianaSearch
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Brief any citation in this list with AI Studio
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Two Terms later, in Williams v. FloridaSearch
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to satisfy constitutional requirements, even though unanimity had been the rule at common law. Thus, in Apodaca v. OregonSearch
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Last Term, in Ballew v. GeorgiaSearch
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a jury of less than six members passes constitutional scrutiny, a question that was explicitly reserved in Williams v. FloridaSearch
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thus have held that the Constitution permits juries of less than 12 members, but that it requires at least 6. Ballew v. GeorgiaSearch
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William v. FloridaSearch
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supra. And we have approved the use of certain nonunanimous verdicts in cases involving 12-person juries. Apodaca v. OregonSearch
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Johnson v. LouisianaSearch
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Williams v. FloridaSearch
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inevitable that lines must be drawn somewhere if the substance of the jury trial right is to be preserved. Cf. Scott v. IllinoisSearch
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Baldwin v. NewSearch
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Baldwin v. NewSearch
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the line between those jury practices that are constitutionally permissible and those that are not. See Baldwin v. NewSearch
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In Duncan v. LouisianaSearch
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of the provisions of Louisiana law allowing conviction by a nonunanimous six-member jury. See, e.g., Duke Power Co. v. CarolinaSearch
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Arlington Heights v. MetropolitanSearch
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U. S. 17 , 362 U. S. 21 (1960). And in Williams v. FloridaSearch
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Supreme Court held that, under state law, it could consider petitioners' claim, and it disposed of that claim. State v. WrestleSearch
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Inc., 360 So.2d 831, 837 (1978). The federal question therefore is properly raised in this Court. See New Jersey v. PortashSearch
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may be tried without a jury, and in Baldwin v. NewSearch
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See Ballew v. GeorgiaSearch
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U. S. 356 (1972), was decided the same day as Apodaca v. OregonSearch
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failure to satisfy the reasonable doubt standard. Unlike Apodaca, Johnson involved a trial held prior to Duncan v. LouisianaSearch
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U. S. 145 (1968), which the Court, in DeStefano v. WoodsSearch
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MR. JUSTICE POWELL concurred in the judgment in Apodaca v. OregonSearch
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than six persons would not satisfy the fair cross-section requirement of the Sixth and Fourteenth Amendments. Ballew v. GeorgiaSearch
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Houchin v. StateSearch
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Pierce v. StateSearch
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Proc. 31(a). MR. JUSTICE STEVENS, concurring. Even though I have not changed the views I expressed in Marks v. UnitedSearch
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Smith v. UnitedSearch
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and Splawn v. CaliforniaSearch
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General Talking Pictures Corp. v. WesternSearch
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U.S. Supreme Court Burch v. LouisianaSearch
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Cf. Ballew v. GeorgiaSearch
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the Constitution. State v. WrestleSearch
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