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]
| 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 | |
| |
| 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 | |
See also
editReferences
edit- ^ Varat, J.D. et al. Constitutional Law Cases and Materials, Concise Thirteenth Edition. Foundation Press, New York, NY: 2009, p. 356
External links
edit- Text of Ballew v. Georgia, 435 U.S. 223 (1978) is available from: Cornell Google Scholar Justia Library of Congress Oyez (oral argument audio)