# Brown v. Louisiana

> Supreme Court of the United States · June 16, 1980 · 447 U.S. 323

URL: https://www.frixlaw.com/law-library/cases/9883125

## Case

- **Full name:** Brown v. Louisiana
- **Court:** Supreme Court of the United States
- **Decided:** June 16, 1980
- **Citations:** 447 U.S. 323; 100 S. Ct. 2214; 65 L. Ed. 2d 159; 1980 U.S. LEXIS 113
- **Precedential status:** Published
- **Opinion:** Concurrence by Powell
- **Judges:** Brennan, Stewart, Marshall, Blackimun, Powell, Stevens, Rehnquist, Burger, White
- **Cited by:** 142 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9883125

## How later opinions describe it (automated extraction)

- noting that prominent concerns in Ballew, which found criminal trial by five-member jury constitutionally infirm, were that smaller jury leads to less accurate factfinding and greater risk of convicting innocent person, decreases likelihood of hung jury to detriment of defenda…
- reversing decision of Louisiana Supreme Court that United States Supreme Court’s decision holding nonunanimous juries for nonpetty offenses unconstitutional should be applied only to juries empaneled after the date of the decision

## Opinion text

Mr. Justice Powell,
with whom Mr. Justice Stevens joins, concurring in the judgment.
This Court announced its decision in Burch v. Louisiana, 441 U. S. 130 (1979), while the petitioner’s objection to the nonunanimous verdict was pending on direct appeal. Ante, at 326. Since I believe that new constitutional rules should apply retroactively “in cases still pending on direct review,” Hankerson v. North Carolina, 432 U. S. 233, 248 (1977) (Powell, J., concurring in judgment), I concur in the judgment reversing the petitioner’s conviction.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9883125. Public record. Not legal advice.