| Ballew v. Georgia | |
|---|---|
 | |
| Argued November 1, 1977 Decided March 21, 1978 | |
| Full case name | Claude D. Ballew v. State of Georgia |
| Citations | 435U.S.223 (more) 98 S. Ct. 1029; 55L. Ed. 2d 234; 3 Media L. Rep. 1979 |
| Holding | |
| A criminal conviction based on a five person jury is unconstitutional, the minimum size for a jury hearing a petty offense is six. | |
| Court membership | |
| |
| Case opinions | |
| Plurality | Blackmun, joined by Stevens |
| Concurrence | Stevens |
| Concurrence | White (in judgment) |
| Concurrence | Powell (in judgment), joined by Burger, Rehnquist |
| Concur/dissent | Brennan (in judgment), joined by Stewart, Marshall |
| Laws applied | |
| United States Constitution,Amendment VI | |
Ballew v. Georgia, 435 U.S. 223 (1978), was acase heard by theUnited States Supreme Court that held that aGeorgia statestatute authorizing criminal conviction upon the unanimous vote of ajury of five wasunconstitutional. The constitutional minimum size for a jury hearingpetty criminal offenses was held to be six.[1]