| Holmes v. Walton | |
|---|---|
 | |
| Court | Supreme Court of New Jersey |
| Full case name | Holmes v. Walton and Ketcham |
| Decided | September 7, 1780 |
| Citation | Unreported |
| Court membership | |
| Judges sitting | David Brearley CJ Isaac Smith and John Cleves Symmes JJ |
| Case opinions | |
| Decision by | David Brearley |
Holmes v. Walton was a case decided by the Supreme Court of New Jersey in 1780, thought to be the first decision in which an American court held a statute unconstitutional. It is considered a landmark in the American law of judicial review. In an apparently unreported opinion, Justice David Brearley held that a conviction entered by a six-person jury under a 1775 statute was void, because the Constitution of New Jersey required a jury of twelve.