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Ballew v. Georgia, 435 U.S. 223 (1978)

Facts: In November of 1973, Claude Davis Ballew was manager of the Paris Adult Theatre at 320 Peachtree Street, Atlanta, Ga. November 9th, investigators viewed a motion picture titled "Behind the Green Door". After watching the film a warrant was produced for seizure of the film. Ballew and a cashier were arrested and charged with two-count misdemeanor of "distributing obscene materials in violation of Georgia Code Section 26-2101 in that the said accused did, knowing the obscene nature thereof, exhibit a motion picture film entitled 'Behind the Green Door' that contained obscene and indecent scenes. . . ." (Ballew v. Georgia, 435 U.S. 223 (1978)).There was then a jury trial where a 12 person jury was overruled and a trial took place with only 5 jurors. Ballew was found guilty.

Issue: Does a state criminal trial by a jury of only five deprive ones right to a jury by trial as protected by the Sixth and Fourteenth Amendments?

Held: Yes, the court found that a jury of less than 6 members did violate the right to a trial by jury.

Rationale: This was a unanimous decision and vote.