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Whitus v. Georgia

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Whitus v. Georgia
Argued December 7, 1966
Decided January 23, 1967
Full case nameWhitus, et al. v. Georgia
Citations385 U.S. 545 (more)
87 S. Ct. 643; 17 L. Ed. 2d 599; 1967 U.S. LEXIS 2452
Case history
PriorCert. to the Supreme Court of Georgia
Holding
Convictions cannot stand if based on indictments or verdicts of juries on which racial discrimination has occurred.
Court membership
Chief Justice
Earl Warren
Associate Justices
Hugo Black · William O. Douglas
Tom C. Clark · John M. Harlan II
William J. Brennan Jr. · Potter Stewart
Byron White · Abe Fortas
Case opinion
MajorityClark, joined by unanimous

Whitus v. Georgia, 385 U.S. 545 (1967), found in favor of the plaintiff (Whitus), who had been convicted for murder, and as such reversed their convictions. This was due to the Georgia jury selection policies; in which it was alleged racial discrimination had occurred.

The plaintiffs argued that, as their county had a 45% population of African-Americans, it was discrimination and unfair to have been presented with all-white or nearly all-white juries each time. Thus, the Supreme Court - as well as overturning the convictions - ruled that Georgia renew its jury selection policies. Previous law meant tax returns would be sorted, and "Negroes" would have a '(c)' placed next to their name. In the conviction of Whitus, the jury had been selected via old lists.

Decision

See also