Legal Opinion
United States v. Newberne
District Court, E.D. Kentucky
Decided March 3, 1977No. 5:05-misc-00008PublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM OPINION
SILER, District Judge.
In this case, the defendants are charged with the crime of assault on a federal reservation in violation of 18 U.S.C. § 113(d), which carries a maximum penalty of six months and/or a fine of $500.00. The defendants have requested a jury trial, so the issue before the Court is whether they are entitled to one.
The right to a trial by jury is guaranteed by Article III, Section 2, Clause 3 and the Sixth Amendment to the Constitution, but that does not extend generally to petty offenses. See District of Columbia v. Clawans, 300 U.S. 617, 57 S.Ct. 660, 81…
2Cases cited9 opinions
- Duncan v. LouisianaSupreme Court of the United States · 1968
- Cheff v. SchnackenbergSupreme Court of the United States · 1966
- Callan v. WilsonSupreme Court of the United States · 1888
- District of Columbia v. ClawansSupreme Court of the United States · 1937
- Berni v. LeonardSupreme Court of the United States · 1973
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- United States v. Michael Allen Stewart, United States of America v. Thomas Allen StewartCourt of Appeals for the Sixth Circuit · 1978
- Gold v. GartensteinNew York Supreme Court · 1979
- People v. Darry P.Criminal Court of the City of New York · 1978
- People v. LinkCriminal Court of the City of New York · 1981