Johnson v. Louisiana — Brennan, J., dissenting

Summary

Justice Brennan, joined by Justice Marshall, dissented from affirmance of convictions obtained by nonunanimous state-jury verdicts. He maintained that the Sixth Amendment jury-trial guarantee applies against state and federal governments under identical standards and that unanimity is necessary to ensure meaningful consideration of minority jurors' views. Justice Douglas, Justice Marshall, and Justice Stewart separately dissented on related grounds, while Justice Blackmun concurred in the judgment but expressed policy objections to split verdicts.