Hogan v. Rosenberg

Burke, J. (dissenting).

The majority today concludes that a defendant who is exposed to a maximum of one year’s imprisonment is not entitled to the opportunity for trial by jury. Because that conclusion is not supported by a fair reading of the United States Supreme Court’s decision in Duncan v. Louisiana (391 U. S. 145), and because the States have an affirmative obligation to safeguard Federal constitutional rights (Sims v. Georgia, 385 U. S. 538, 544; South Carolina v. Bailey, 289 U. S. 412, 420), I must respectfully dissent and indicate, by a complete and objective analysis of the…