Ballard v. Commonwealth

This appeal involves a constitutional challenge to the Virginia procedure in criminal cases whereby an adult tried by jury has his sentence fixed by the jury, Code § 19.2-295, 1 while a juvenile transferred to circuit court and tried by jury has his sentence fixed by the judge, Code § 16.1-272. 2 The question for decision is whether the denial of jury sentencing to juveniles deprives them of equal protection, rendering Code § 16.1-272 unconstitutional.

This question arose in the case of John Robert Ballard, a juvenile who was transferred to circuit court for trial as an adult on a charge of…