 | This article includes a list of general references, but it lacks sufficient corresponding inline citations. (December 2019) |
| Duncan v. Louisiana | |
|---|---|
 | |
| 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 | |
| |
| 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 | |
Wikisource has original text related to this article:
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.