Duncan v. Louisiana

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Duncan v. Louisiana
Supreme Court of the United States
Argued January 17, 1968 Decided December 21, 1968
Full case name	Gary Duncan v. State of Louisiana
Citations	391 U.S. 145 (more) 88 S. Ct. 1444; 20 L. Ed. 2d 491; 1968 U.S. LEXIS 1631; 45 Ohio Op. 2d 198
Case history
Prior	Defendant convicted, Twenty-fifth Judicial District Court of Louisiana; cert. denied, 195 So. 2d 142 (La. 1967).
Subsequent	Rehearing denied, 392 U.S. 947 (1968).
Holding
The Fourteenth Amendment guarantees a right to a jury trial in all criminal cases which - were they to be tried in a federal court - would come within the Sixth Amendment's guarantee. Louisiana Supreme Court reversed and remanded.
Court membership
Chief Justice Earl Warren Associate Justices Hugo Black · William O. Douglas John M. Harlan II · William J. Brennan Jr. Potter Stewart · Byron White Abe Fortas · Thurgood Marshall
Case opinions
Majority	White, joined by Warren, Black, Douglas, Brennan, Fortas, Marshall
Concurrence	Black, joined by Douglas
Concurrence	Fortas
Dissent	Harlan, joined by Stewart
Laws applied
U.S. Const. amends. VI, XIV

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Duncan v. Louisiana

Duncan v. Louisiana, 391 U.S. 145 (1968), was a significant United States Supreme Court decision which incorporated the Sixth Amendment right to a jury trial and applied it to the states.