Opinion

State v. Hamm

  • 423 N.W.2d 379
  • 1988 Minn. LEXIS 94
  • 1988 WL 38844
Court
Supreme Court of Minnesota
Filed
Apr 29, 1988
Status
Published
Author
Popovich
On the bench
Yetka, Kelley, Popovich, Amdahl, Simonett, Coyne
Cited by
38 cases

holding that the Minnesota Constitution guarantees a criminal defendant’s right to a 12-person jury in misdemeanor prosecutions and, adopting the Supreme Court’s clear break exception, applying rule prospectively

How later courts described this case

  • holding that the Minnesota Constitution guarantees a criminal defendant’s right to a 12-person jury in misdemeanor prosecutions and, adopting the Supreme Court’s clear break exception, applying rule prospectively
  • refusing to allow constitution to be amended by statute and declaring statute permitting a six-person jury in misdemeanor cases unconstitutional where supreme court in 1869 interpreted the word "jury" in the Minnesota Constitution as meaning "a body of twelve persons"
  • noting the key components of the right to a jury trial are “number, impartiality, and unanimity”
  • adopting the retroactivity *496 criteria set forth in Linkletter and Stovall

Written by the judges who cited it.

The opinion

POPOVICH, Justice

(concurring specialty)-

I concur in both the opinion of Justice Yetka and the special concurring opinion of Justice Kelley. Minn.Stat. § 593.01, subd. 1, is clearly unconstitutional under the reasoning of either opinion. A jury of less than 12 under Minnesota’s constitution and the case law cited can only be accomplished by a favorable vote of the electorate on an appropriate constitutional amendment.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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