Legal Opinion
Thomas v. Blackburn
Court of Appeals for the Fifth Circuit
Decided August 7, 1980No. 79-2176PublishedCited by 23 opinions
1Opinion of the Court
ALVIN B. RUBIN, Circuit Judge:
In Ballew v. Georgia, 435 U.S. 223, 98 S.Ct. 1029, 55 L.Ed.2d 234 (1978), the United States Supreme Court held that conducting a criminal trial before a jury consisting of only five members deprives the defendant of his right to trial by jury under the sixth amendment as applied to the states by the fourteenth amendment. This habeas corpus petition seeks retroactive application of that decision in order to invalidate Irvin Thomas’s conviction by a five-member Louisiana jury. Concluding that Ballew is retroactive, we affirm the district court decision according…
2Cases cited21 opinions
- Franks v. DelawareSupreme Court of the United States · 1978
- Stovall v. DennoSupreme Court of the United States · 1967
- Wainwright v. SykesSupreme Court of the United States · 1977
- Mullaney v. WilburSupreme Court of the United States · 1975
- Johnson v. New JerseySupreme Court of the United States · 1966
16 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Charles Sylvester Bell v. John C. Watkins, Commissioner, Mississippi Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1983
- Douglas v. WainwrightCourt of Appeals for the Eleventh Circuit · 1983
- Calvin Carlos Campbell v. Louie L. Wainwright, Secretary, Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 1984
- United States of America Ex Rel. Otis Williams and A. D. Clark, Petitioners v. Gayle M. Franzen and Tyrone C. FahnerCourt of Appeals for the Seventh Circuit · 1982
- Alfred Eugene Grizzell v. Louie L. Wainwright, Secretary, Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 1982
18 more not listed; retrieve them via the Exa API.