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Appellate Advocacy Keyed to Meador, 2nd Ed.
Ballew v. Georgia
Citation:
435 U.S. 223 (1978)Facts
In November 1973, Claude Davis Ballew was the manager of the Paris Adult Theatre in Atlanta, Georgia. On November 9, investigators from the Fulton County Solicitor General’s office viewed a film entitled “Behind the Green Door” at the theater, obtained a warrant, and seized the film. Ballew was arrested. On September 14, 1974, Ballew was charged with two counts of distributing obscene materials in violation of Georgia Code § 26-2101. He was brought to trial in the Criminal Court of Fulton County, where a five-person jury was impaneled according to Georgia law. Ballew moved for a twelve-person jury, arguing that a five-person jury was constitutionally inadequate, especially for an obscenity trial where assessment of community standards was crucial. The court denied his motion, and the five-person jury convicted him after 38 minutes of deliberation. The court sentenced him to one year imprisonment and a $1,000 fine on each count, with the periods of incarceration to run concurrently and to be suspended upon payment of the fines.
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