Duncan v. Louisiana

E177751

Duncan v. Louisiana is a 1968 U.S. Supreme Court decision that held the Sixth Amendment right to a jury trial in criminal cases applies to the states through the Fourteenth Amendment.

All labels observed (3)

How this entity was disambiguated

Statements (50)

Predicate Object
instanceOf U.S. Supreme Court case ⓘ
criminal procedure case ⓘ
incorporation doctrine case ⓘ
appliesTo state criminal prosecutions ⓘ
areaOfLaw constitutional law ⓘ
criminal procedure ⓘ
arguedDate 1967-10-18 ⓘ
citation 391 U.S. 145 ⓘ
clarified that petty offenses need not be tried by jury under the Constitution. ⓘ
concurrenceBy John M. Harlan II ⓘ
Potter Stewart ⓘ
constitutionalProvision Fourteenth Amendment to the United States Constitution ⓘ
Sixth Amendment to the United States Constitution ⓘ
country United States ⓘ
court Supreme Court of the United States ⓘ
crimeCharged simple battery ⓘ
decisionDate 1968-05-20 ⓘ
dissentBy Abe Fortas (in part) ⓘ
linked to: Abe Fortas

Hugo L. Black ⓘ
Thurgood Marshall (in part) ⓘ
linked to: Thurgood Marshall

William J. Brennan Jr. ⓘ
fullName Duncan v. Louisiana, 391 U.S. 145 (1968) ⓘ
linked to: Duncan v. Louisiana
holding The Sixth Amendment right to a jury trial in serious criminal cases is fundamental to the American scheme of justice and is applicable to the states through the Fourteenth Amendment Due Process Clause. ⓘ
issue Whether the Fourteenth Amendment guarantees a right to jury trial in state criminal prosecutions for serious offenses. ⓘ
joinedByMajority Abe Fortas ⓘ
Earl Warren ⓘ
John M. Harlan II (in part) ⓘ
linked to: John M. Harlan II

Potter Stewart ⓘ
Thurgood Marshall ⓘ
William O. Douglas ⓘ
jurisdiction State of Louisiana ⓘ
linked to: Louisiana
legalPrinciple selective incorporation of the Sixth Amendment jury trial right ⓘ
majorityOpinionBy Byron R. White ⓘ
maximumPenaltyAtIssue two years imprisonment ⓘ
page 145 ⓘ
petitioner Gary Duncan ⓘ
priorHistory State v. Duncan, 250 La. 253, 195 So.2d 142 (La. 1967) ⓘ
linked to: Duncan v. Louisiana
proceduralPosture Defendant convicted of simple battery in Louisiana state court without a jury trial. ⓘ
rearguedDate 1968-01-17 ⓘ
relatedCase Benton v. Maryland ⓘ
In re Kemmler ⓘ
Malloy v. Hogan ⓘ
Palko v. Connecticut ⓘ
relatedConcept due process ⓘ
fundamental rights ⓘ
right to jury trial ⓘ
reporter United States Reports ⓘ
respondent State of Louisiana ⓘ
linked to: Louisiana
result Judgment of the Louisiana courts reversed. ⓘ
volume 391 ⓘ

How these facts were elicited

Referenced by (10)

Full triples — surface form annotated when it differs from this entity's canonical label.

Incorporation doctrine → keyCase → Duncan v. Louisiana ⓘ
Sixth Amendment to the United States Constitution → interpretedByCase → Duncan v. Louisiana ⓘ
Palko v. Connecticut → relatedCase → Duncan v. Louisiana ⓘ
Barron v. Baltimore → relatedCase → Duncan v. Louisiana ⓘ
Duncan v. Louisiana → fullName → Duncan v. Louisiana, 391 U.S. 145 (1968) ⓘ
linked to: Duncan v. Louisiana
Duncan v. Louisiana → priorHistory → State v. Duncan, 250 La. 253, 195 So.2d 142 (La. 1967) ⓘ
linked to: Duncan v. Louisiana
Benton v. Maryland → relatedCase → Duncan v. Louisiana ⓘ
Adamson v. California → relatedCase → Duncan v. Louisiana ⓘ
Gary Duncan → legalCase → Duncan v. Louisiana ⓘ
Gary Duncan → caseCitation → Duncan v. Louisiana, 391 U.S. 145 (1968) ⓘ
linked to: Duncan v. Louisiana