State of Louisiana v. Gerald W. Dahlem

*677CRICHTON, J.

hWe granted the writ application in this case to- determine- whether trial by a jury composed of fewer jurors than required by law is a non-waivable ■ structural defect which requires that a defendant’s conviction be reversed and his sentence vacated. Specifically, the narrow question before us is whether defendant was denied a fair trial and due process of law because he was, without contemporaneous objection at trial, tried by a six-person jury, instead of a twelve-person jury, on a fourth offense Driving While Intoxicated (“DWI”) charge. Following deliberations, the six-person…