Ballew v. Georgia

Ballew v. Georgia

Argued November 1, 1977
Decided March 21, 1978
Full case name Claude D. Ballew v. State of Georgia
Citations

435 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
Plurality Blackmun, joined by Stevens
Concurrence Stevens
Concurrence White (in judgment)
Concurrence Powell (in judgment), joined by Burger, Rehnquist
Concur/dissent Brennan (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
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