Legal Opinion

O'BRIEN v. State

Indiana Court of Appeals

Decided July 7, 1981No. 1-181A24PublishedCited by 19 opinions

1Opinion of the Court

CHIPMAN, Judge.

Daniel O’Brien is appealing his conviction by a six-member Clark County jury for possession of more than 30 grams of marijuana, IC 35^18-4-11 1 a class D felony. O’Brien contends the Indiana statute which permits a six-member jury to determine the facts in a felony case is unconstitutional. Moreover, he contends the evidence at trial was insufficient to convict him and testimony was admitted erroneously.

We affirm the conviction and find no constitutional infirmity.

ISSUES

The following specific issues are presented for our review:

1. Does IC 35-1-30-1, 2 which requires…

2Cases cited12 opinions

  1. Duncan v. LouisianaSupreme Court of the United States · 1968
  2. Williams v. FloridaSupreme Court of the United States · 1970
  3. Carter v. Jury Comm'n of Greene Cty.Supreme Court of the United States · 1970
  4. Sidle v. MajorsIndiana Supreme Court · 1976
  5. Johnson v. StateIndiana Supreme Court · 1978

7 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Price v. StateIndiana Supreme Court · 1993
  2. Helton v. StateIndiana Court of Appeals · 1993
  3. Taylor v. StateIndiana Supreme Court · 1982
  4. Iseton v. StateIndiana Court of Appeals · 1984
  5. Byrd v. StateSupreme Court of Arkansas · 1994

14 more not listed; retrieve them via the Exa API.

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