Burch v. Louisiana
United States Supreme Court
441 U.S. 130 (1979)
Relevant factsFree
Louisiana law allowed a six-member jury to convict on a nonpetty offense with only five of six votes; Burch (defendant) was convicted 5-1 for showing obscene films, while co-defendant Wrestle, Inc. was convicted unanimously on the same charges. The Louisiana Supreme Court upheld both convictions, reasoning a 5-1 (83%) vote was an even higher agreement percentage than the 75% (9-of-12) standard the U.S. Supreme Court had previously approved for larger juries, and the U.S. Supreme Court granted certiorari.
IssueFree
Whether a nonunanimous conviction by a six-person jury on a nonpetty criminal offense satisfies the Sixth Amendment right to a jury trial.