Ballew v. Georgia
Supreme Court of the United States
1Judgment of the CourtJustice Blackmun, joined by Justice Stevens
This case presents the issue whether a state criminal trial to a jury of only five persons deprives the accused of the right to trial by jury guaranteed to him by the Sixth and Fourteenth Amendments.1 Our resolution of the issue requires an application of principles enunciated in Williams v. Florida, 399 U. S. 78 (1970), where the use of a six-person jury in a state criminal trial was upheld against similar constitutional attack.
I
In November 1973 petitioner Claude Davis Ballew was the manager of the Paris Adult Theatre at 320 Peachtree Street, Atlanta, Ga. On November 9 two investigators from…
2Cases cited19 opinions
- Duncan v. LouisianaSupreme Court of the United States · 1968
- Miller v. CaliforniaSupreme Court of the United States · 1973
- Williams v. FloridaSupreme Court of the United States · 1970
- Strauder v. West VirginiaSupreme Court of the United States · 1880
- Patton v. United StatesSupreme Court of the United States · 1930
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3Cited by298 opinions
- Lockhart v. McCreeSupreme Court of the United States · 1986
- People v. WheelerCalifornia Supreme Court · 1978
- Crist v. BretzSupreme Court of the United States · 1978
- Holland v. IllinoisSupreme Court of the United States · 1990
- John A. Spinkellink, 1 v. Louie L. Wainwright, Secretary, Florida Department of Offender RehabilitationCourt of Appeals for the Fifth Circuit · 1978
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