Burch v. Louisiana
1979 United States Supreme Court case / From Wikipedia, the free encyclopedia
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Burch v. Louisiana, 441 U.S. 130 (1979), was a case decided by the United States Supreme Court that invalidated a Louisiana statute allowing a conviction upon a nonunanimous verdict from a jury of six for a petty offense.[1] The statute allowed for conviction if only five jurors agreed, and this was held to be a violation of the Sixth Amendment.[2]
Quick Facts Burch v. Louisiana, Argued February 22, 1979 Decided April 17, 1979 ...
Burch v. Louisiana | |
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Argued February 22, 1979 Decided April 17, 1979 | |
Full case name | Burch v. Louisiana |
Citations | 441 U.S. 130 (more) 99 S. Ct. 1623; 60 L. Ed. 2d 96; 1979 U.S. LEXIS 87 |
Case history | |
Prior | State v. Wrestle, Inc., 360 So. 2d 831 (La. 1978); cert. granted, 439 U.S. 925 (1978). |
Holding | |
A conviction by a nonunanimous six-person jury in a state criminal trial for a nonpetty offense violates the right of an accused to trial by jury guaranteed by the Sixth and Fourteenth Amendments. | |
Court membership | |
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Case opinions | |
Majority | Rehnquist, joined by Burger, White, Blackmun, Powell, Stevens |
Concurrence | Stevens |
Concur/dissent | Brennan, joined by Stewart, Marshall |
Laws applied | |
U.S. Const. amends. VI XIV |
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