Copyright 2007 Thomson Delmar Learning. All Rights Reserved. BLANTON v. CITY OF NORTH LAS VEGAS, NEVADA 489 U.S. 538 (1989) Case Brief.

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Copyright 2007 Thomson Delmar Learning. All Rights Reserved. BLANTON v. CITY OF NORTH LAS VEGAS, NEVADA 489 U.S. 538 (1989) Case Brief

Copyright 2007 Thomson Delmar Learning. All Rights Reserved. BLANTON v. NORTH LAS VEGAS PURPOSE: Discussion of right to a jury trial for minor offenses.

Copyright 2007 Thomson Delmar Learning. All Rights Reserved. BLANTON v. NORTH LAS VEGAS CAUSE OF ACTION: Driving under the influence of alcohol (DUI).

Copyright 2007 Thomson Delmar Learning. All Rights Reserved. BLANTON v. NORTH LAS VEGAS FACTS: Blanton and Fraley were charged with first-time DUI in separate incidents. North Las Vegas, Municipal Court denied pretrial demands for a jury trial. On appeal, the 8th Judicial District Court denied Blanton’s request for a jury trial, but, a month later, granted Fraley’s. Blanton then appealed to the Supreme Court of Nevada, as did city of North Las Vegas with respect to Fraley. That court held that the U.S. Constitution does not guarantee a right to a jury because the maximum sentence is six months and the maximum possible fine is $1,000.

Copyright 2007 Thomson Delmar Learning. All Rights Reserved. BLANTON v. NORTH LAS VEGAS ISSUE: Whether there is a constitutional right to a trial by jury for persons charged under Nevada law with driving under the influence of alcohol (DUI).

Copyright 2007 Thomson Delmar Learning. All Rights Reserved. BLANTON v. NORTH LAS VEGAS HOLDING: No, the Sixth Amendment right to a jury trial does not extend to “petty crimes.”

Copyright 2007 Thomson Delmar Learning. All Rights Reserved. BLANTON v. NORTH LAS VEGAS REASONING: Focusing on the maximum penalty, the Nevada legislature provided a maximum of six months for DUI, indicating it considered this a petty offense for which the Sixth Amendment does not require a jury trial.

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