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Duncan v. Louisiana

United States Supreme Court
391 U.S. 145 (1968)


Facts

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. Duncan sought trial by jury, but the Louisiana constitution only granted jury trials in cases in which capital punishment or imprisonment at hard labor could be imposed. His request was denied, and he was convicted and sentenced to sixty days in prison and a fine of $150. He appealed and brought suit against the State of Louisiana (plaintiff), alleging an infringement of his Constitutional right to a jury trial.

Rule of Law

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Issue

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Holding and Reasoning (White, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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Concurrence (Black, J.)

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Concurrence (Fortas, J.)

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Dissent (Harlan, J.)

The dissent section is for members only and includes a summary of the dissenting judge or justice’s opinion. To access this section, start your 7-day free trial of Quimbee for Law Students.

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