Legal Opinion

Sanford v. United States

Court of Appeals for the D.C. Circuit

Decided November 13, 2009No. 08-5402PublishedCited by 25 opinions

1Opinion of the Court

Opinion for the Court by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

In challenging his conviction by a military court-martial consisting of less than six persons, Kevin Sanford invites this court to hold that his rights under the Due Process Clause of the Fifth Amendment were violated. He relies on the Supreme Court’s announcement of a constitutional minimum six-person jury for the trial of civilian, non-petty offenses in Ballew v. Georgia, 435 U.S. 223, 98 S.Ct. 1029, 55 L.Ed.2d 234 (1978), and suggests it is the government’s burden to show that his due process rights were not violated.…

2Cases cited21 opinions

  1. Duncan v. LouisianaSupreme Court of the United States · 1968
  2. Charles Kowal v. MCI Communications CorporationCourt of Appeals for the D.C. Circuit · 1994
  3. Parker v. LevySupreme Court of the United States · 1974
  4. Williams v. FloridaSupreme Court of the United States · 1970
  5. Schlesinger v. CouncilmanSupreme Court of the United States · 1975

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3Cited by25 opinions

  1. Syneeda Lynn Penland v. Raymond Edwin Mabus, Jr.District Court, District of Columbia · 2015
  2. Luke v. United StatesDistrict Court, District of Columbia · 2013
  3. Scott v. United StatesCourt of Appeals for the D.C. Circuit · 2018
  4. Steven Larrabee v. Carlos Del ToroCourt of Appeals for the D.C. Circuit · 2022
  5. State v. EarlsCourt of Appeals of Oregon · 2011

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