It was a precedent-setting case that changed the … Duncan v. Louisiana, 391 U.S. 145, 162, 88 S. Ct. 1444, 1454, 20 L. Ed. No. Thus, if the jury trial right re-quires a unanimous verdict in federal court, it requires no less in state court. 3–7. — Excerpted from Duncan v. Louisiana on Wikipedia, the free encyclopedia. Was the State of Louisiana obligated to provide a trial by jury in criminal cases such as Duncan’s? 2d 491. Id. Duncan was sentenced to 60 days in prison and fined $150. Citation22 Ill. 391 U.S. 145, 88 S. Ct. 1444, 20 L. Ed. The case was "remanded for further proceedings not inconsistent with this opinion." 37× 37. 2d 491 (1968) . (quoting Duncan v. Louisiana, 391 U.S. 145, 149 (1968)). Duncan v. Louisiana The case known as Duncan v. Louisiana was decided in the United States Supreme Court in 1968. Duncan v. Louisiana, 391 U. S. 145, 148–150. Duncan v. Louisiana. APPEAL FROM THE SUPREME COURT OF LOUISrANA. Pp. 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. Surname 1 Students Name: Professor: Course: Date: Part I Case brief Title and citations Duncan v. Louisiana, 391 U.S. 145 (1968) Facts of the case Gary Duncan, an African American, was driving down a highway in Louisiana on October 1966 when he noticed his cousins in the company of white boys. DUNCAN v. LOUISIANA. He was alarmed because the two cousins had reported about racial incidences at their school. “Duncan v. Louisiana is the basis of five decades of jurisprudence that protects juries from racial discrimination, ensures that they come to fair decisions, and forces the prosecution to … This case is here on appeal from the Supreme Court of Louisiana. Duncan v. Louisiana 391 U.S. 145 (1968) Vote: 7(Black, Brennan, Douglas, Fortas, Marshall, Warren, White) 2(Harlan, Stewart) FACTS In 1966, Gary Duncan, a nineteen-year-old black man, was driving down a highway when he spotted two of his younger cousins on the side of the road with four white youths. Duncan's request for a jury trial was denied. Earl Warren: Number 410, Gary Duncan, appellant versus Louisiana. Mr. Sobol. Id. As a result, unanimity was clearly necessary for state criminal convictions. Under Louisiana law, jury trials are not granted in misdemeanor … DUNCAN v. LOUISIANA. The Appellant, Gary Duncan (Appellant), was convicted of simple battery, a misdemeanor, in a Louisiana district court. Argued January 17, 1968.-Decided May 20, 1968. 410. United States Supreme Court 391 U.S. 145 (1968) Facts. Richard B. Sobol: Mr. Chief Justice, and may it please the Court. Gary Duncan, a black teenager in Louisiana, was found guilty of assaulting a white youth by allegedly slapping him on the elbow. Moreover, previous opinions had held that “incorporated provisions of the Bill of Rights bear the same content when asserted against States as they do against the federal government.” 36× 36. Under Louisiana law simple battery is a misdemeanor punishable by a maximum of two years' imprisonment and a $300 fine. Brief Fact Summary. (b) Louisiana’s and Oregon’s unconventional schemes were first con-fronted in Apodaca v. Oregon, 406 U. S. 404, and Johnson v. Louisiana, On May 20, 1968, Duncan's conviction was reversed by the Supreme Court of the United States, on the ground that Duncan had been denied trial by jury. Syllabus. Gary Duncan (defendant) was convicted of simple battery by a judge in a Louisiana state court. Under Louisiana law, simple battery is a misdemeanor punishable by a maximum sentence of two years imprisonment and a $300 fine. 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