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Brown Vs. Louisiana
Cites for this judgment
- US Supreme Court
- Jun 16, 1980
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U.S. 323 (1980) U.S. Supreme Court Brown v. LouisianaSearch
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U.S. 323 (1980) Brown v. LouisianaSearch
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conviction -- based on a nonunanimous six-person jury verdict -- was pending in the Louisiana Supreme Court, Burch v. LouisianaSearch
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jury of six. The Louisiana Supreme Court thereafter affirmed petitioner's conviction, holding that the rule of Burch v. LouisianaSearch
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MR. JUSTICE MARSHALL, and MR. JUSTICE BLACKMUN, concluded that the constitutional principle announced in Burch v. LouisianaSearch
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and delivered an opinion, in which MR. JUSTICE STEWART, MR. JUSTICE MARSHALL, and MR. JUSTICE BLACKMUN joined. Burch v. LouisianaSearch
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rights under the Sixth and the Fourteenth Amendments to the United States Constitution as enunciated in Ballew v. GeorgiaSearch
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to quash. On April 17, 1979, while petitioner's case was still pending on direct review in the Louisiana courts, Burch v. LouisianaSearch
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emphasis in original). We granted certiorari. 444 U.S. 990 (1979). We reverse. II Linkletter v. WalkerSearch
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Johnson v. NewSearch
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Desist v. UnitedSearch
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Hankerson v. NorthSearch
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Adams v. IllinoisSearch
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Williams v. UnitedSearch
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States, 401 U. S. 646 , 401 U. S. 653 (1971) (plurality opinion of WHITE, J.). Accord, Hankerson v. NorthSearch
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to avoid unfairness at trial must be accorded retroactive effect. Gosa v. MaydenSearch
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supra, at 388 U. S. 298 (quoting Johnson v. NewSearch
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whether the rule of Burch v. LouisianaSearch
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Williams v. FloridaSearch
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constitutional guarantee of trial by jury prescribes neither the precise number that can constitute a jury, Williams v FloridaSearch
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nor Page 447 U. S. 331 the exact proportion of the jury that must concur in the verdict, Apodaca v. OregonSearch
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unanimity limits that cannot be transgressed if the essence of the jury trial right is to be maintained. Thus, Ballew v. GeorgiaSearch
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Though the line separating the permissible jury practice from the impermissible may not be the brightest, cf. Burch v. LouisianaSearch
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Tehan v. UnitedSearch
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any prior decisions of this Court or invalidate a practice of heretofore unquestioned legitimacy. See, e.g., Desist v. UnitedSearch
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that conviction by a nonunanimous six-person jury does not offend the Sixth Amendment's guarantee. See Adams v. IllinoisSearch
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our opinions prior to Burch, it could only be that such a procedure was of doubtful constitutionality. Williams v. FloridaSearch
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as mandating unanimity in the verdict of a six-member jury. See supra at 447 U. S. 325 -326. Cf. Berger v. CaliforniaSearch
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Louisiana and Oklahoma -- permitted conviction of nonpetty offenses by a nonunanimous six-member jury, see Burch v. LouisianaSearch
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be retried or released does not approach the magnitude involved in some of our previous cases. See, e.g., Linkletter v. WalkerSearch
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Emphasis added.) Following our decision in Burch v. LouisianaSearch
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Cf. State v. JacksonSearch
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Tehan v. UnitedSearch
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Johnson v. NewSearch
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U.S. Supreme Court Brown v. LouisianaSearch
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the Louisiana Supreme Court, Burch v. LouisianaSearch
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of Burch v. LouisianaSearch
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Burch v. LouisianaSearch
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II Linkletter v. WalkerSearch
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Hankerson v. NorthSearch
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of WHITE, J.). Accord, Hankerson v. NorthSearch
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Thus, Ballew v. GeorgiaSearch
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