Blanton v. City of North Las Vegas
Blanton v. North Las Vegas |
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Argued January 9, 1989 Decided March 6, 1989 |
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Full case name |
Blanton et al. v. City of North Las Vegas, Nevada |
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Citations |
489 U.S. 538 (more) |
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Prior history |
Certiorari to the Supreme Court of Nevada. |
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Subsequent history |
103 Nev. 623, 748 P.2d 494, affirmed. |
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Holding |
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The right to a jury trial is not found in crimes where the maximum period of incarceration is under six months. |
Court membership |
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Case opinions |
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Majority |
Marshall, joined by unanimous |
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Laws applied |
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U.S. Const. amend. VI |
Blanton v. North Las Vegas, 489 U.S. 538 (1989), is a United States Supreme Court case clarifying the limitations of the right to trial by jury.
Background
Melvin R. Blanton was charged with Driving under the influence of alcohol. His petition for a jury trial was denied and he was instead given a bench trial. Blanton appealed, arguing that his sixth amendment right to trial by jury had been violated.
Opinion of the Court
The Court ruled that Blanton did not have the right to a jury trial because the crime he was charged with was "petty". The Court went on to elaborate: "offenses for which the maximum period of incarceration is six months, or less, are presumptively petty...a defendant can overcome this, and become entitled to a jury trial,..by showing that additional penalties [such as monetary fines]...are...so severe [as to indicate] that the legislature clearly determined that the offense is a serious one."[1]
See also
References
External links
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- Beavers v. Haubert (1905)
- United States v. Provoo (1955)
- Pollard v. United States (1957)
- United States v. Ewell (1966)
- Klopfer v. North Carolina (1967)
- Smith v. Hooey (1969)
- Dickey v. Florida (1970)
- United States v. Marion (1971)
- Barker v. Wingo (1972)
- Strunk v. United States (1973)
- United States v. Lovasco (1977)
- United States v. MacDonald (1982)
- United States v. Loud Hawk (1986)
- Doggett v. United States (1992)
- Vermont v. Brillon (2009)
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- Gaines v. Washington (1928)
- In re Oliver (1948)
- Gannett Co., Inc. v. DePasquale (1979)
- Waller v. Georgia (1984)
- Presley v. Georgia (2010)
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Impartial Jury Clause |
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| Availability |
- Callan v. Wilson (1888)
- Natal v. State (1891)
- Schick v. United States (1904)
- District of Columbia v. Colts (1930)
- District of Columbia v. Clawans (1937)
- United States v. Barnett (1964)
- Cheff v. Schnackenberg (1966)
- Duncan v. Louisiana (1968)
- Bloom v. Illinois (1968)
- DeStefano v. Woods (1968)
- Frank v. United States (1969)
- Baldwin v. New York (1970)
- Mayberry v. Pennsylvania (1971)
- Taylor v. Haynes (1974)
- Codispoti v. Pennsylvania (1974)
- Blanton v. North Las Vegas (1989)
- United States v. Nachtigal (1993)
- Lewis v. United States (1996)
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| Impartiality | |
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| Facts found | |
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| Size and unanimity | |
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Information Clause |
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- Twitchell v. Pennsylvania (1868)
- Cole v. Arkansas (1948)
- Russell v. United States (1962)
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| Out-of-court statements | |
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| Face-to-face confrontation |
- Snyder v. Massachusetts (1934)
- Kentucky v. Stincer (1987)
- Coy v. Iowa (1988)
- Maryland v. Craig (1990)
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| Restrictions on cross-examination |
- Douglas v. Alabama (1965)
- McCray v. Illinois (1967)
- Smith v. Illinois (1968)
- Chambers v. Mississippi (1973)
- Davis v. Alaska (1974)
- Delaware v. Fensterer (1985)
- Delaware v. Van Arsdall (1986)
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| Right to present relevant evidence |
- Cooper v. California (1967)
- McCray v. Illinois (1967)
- Pennsylvania v. Ritchie (1987)
- Olden v. Kentucky (1988)
- Michigan v. Lucas (1991)
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| Choice |
- Chandler v. Fretag (1954)
- Morris v. Slappy (1983)
- Wheat v. United States (1988)
- Caplin & Drysdale, Chartered v. United States (1989)
- United States v. Gonzalez-Lopez (2006)
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| Appointment | |
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| Constructive denial |
- Avery v. Alabama (1940)
- Ferguson v. Georgia (1961)
- Brooks v. Tennessee (1972)
- Herring v. New York (1975)
- Geders v. United States (1976)
- Perry v. Leeke (1989)
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| Conflict-free |
- Glasser v. United States (1942)
- Dukes v. Warden (1972)
- Holloway v. Arkansas (1978)
- Cuyler v. Sullivan (1980)
- Burger v. Kemp (1987)
- Wheat v. United States (1988)
- Mickens v. Taylor (2002)
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