Groppi v. Wisconsin

400 U.S. 505, 91 S. Ct. 490, 27 L. Ed. 2d 571, 1971 U.S. LEXIS 88
CourtSupreme Court of the United States
DecidedJanuary 25, 1971
Docket26
StatusPublished
Cited by203 cases

This text of 400 U.S. 505 (Groppi v. Wisconsin) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Groppi v. Wisconsin, 400 U.S. 505, 91 S. Ct. 490, 27 L. Ed. 2d 571, 1971 U.S. LEXIS 88 (1971).

Opinions

Mr. Justice Stewart

delivered .the opinion of the Court.

On. August 31, 1967, during a period of civil disturbances in Milwaukee, Wisconsin, the appellant,- a Roman Catholic priest, was arrested in that city on a charge of resisting arrest. Under Wisconsin law that offense is a misdemeanor, punishable by a fine of not more than $500 or imprisonment in the county jail for not more than [506]*506one year, or both.1 After a senes of continuances, the appellant was brought to trial before a jury in a Milwaukee County court on February 8, 1968. The first morning of the trial was occupied with qualifying the jurors, during the course of which the appellant exhausted all of his peremptory challenges.2 The trial then proceeded, and at its conclusion the jury convicted the appellant as charged.

Prior to the trial, counsel for the appellant filed a motion for a change of venue from Milwaukee County “to a county where community prejudice against this defendant does not exist and where an impartial jury trial can be had.” The motion asked the court to take judicial notice of “the massive coverage by all news media in this community of the activities of this defendant,” or, in the alternative, that “the defendant be permitted to offer proof of the nature and extent thereof, its effect upon this community and on the right of defendant to an impartial jury trial.” The trial judge denied the motion, making clear that his ruling was based exclusively on his view that Wisconsin law did not permit a change of venue in misdemeanor cases.3

On appeal, the Supreme Court of Wisconsin affirmed the conviction. 41 W,is. 2d 312, 164 N. W. 2d 266. It [507]*507held that the trial judge had been correct in his understanding that a Wisconsin statute foreclosed thé possibility of a change of venue in a misdemeanor prosecution.4 It further held that this state law was constitutionally valid, pointing out that “it would be extremely unusual for a community as a whole to prejudge the guilt of any person charged with a misdemeanor.” 41 Wis. 2d, at 317, 164 N. W. 2d, at 268. The court also noted that a defendant in a Wisconsin misdemeanor prosecution has a right to ask for continuances and to challenge prospective jurors on voir dire, and if “these measures are still not sufficient to provide an impartial jury, the verdict can be set aside after trial based on the denial of a fair and impartial trial.” 41 Wis. 2d, at 321, 164 N. W. 2d, at 270. Two members of the court dissented, helieving that the state statute did not absolutely forbid a change of venue in a misdemeanor prosecution, and that if the statute did contain such a prohibition it was constitutionally invalid. 41 Wis. 2d, at 325, 164 N. W. 2d, at 272.

This appeal followed, and we noted probable jurisdiction. 398 U. S. 957. As the case reaches us we must, of course, accept the construction that the Supremq Court of Wisconsin has put upon the state statute. E. g., Kingsley Pictures Corp. v. Regents, 360 U. S. 684, 688. The question before us, therefore, goes to the constitu[508]*508tionality of a state law that categorically prevents a change of venue for a criminal jury trial, regardless of the extent of local prejudice against the defendant, on the sole ground that the charge against him is labeled a misdemeanor.5 We hold that this question was answered correctly by the dissenting justices in' the Supreme Court of Wisconsin.6

The issue in this case is not whether the Fourteenth Amendment requires a State to accord a jury trial to- a defendant on a charge such as the appellant faeed here.7 The issue concerns, rather, the nature of the jury trial that the Fourteenth Amendment commands, when trial, by jury is what the State has purported to accord.8 We had occasion to consider this precise question almost 10 years ago in Irvin v. Dowd, 366 U. S. 717. There we found that an Indiana conviction could not constitutionally stand because the jury had been infected by com[509]*509munity prejudice before the trial had commenced. What the Court said in that case is wholly relevant here:

“In essence, the right to jury .trial guarantees to the criminally accused a fair trial by a panel of impartial, ‘indifferent’ jurors. The failure to. accord an accused a fair hearing violates even the minimal standards of due process. In re Oliver, 333 U. S. 257; Tumey v. Ohio, 273 U. S. 510. ‘A fair trial' in a fair tribunal is a basic requirement of due process.’ In re Murchison, 349 U. S. 133, 136. In the ultimate analysis, only the jury can strip a man of his liberty .or his life. In the language of Lord Coke, a juror must be as ‘indifferent as he stands unsworne.’ Co. Litt. 155b. His verdict must be based upon the evidence developed at the trial. Cf. Thompson v. City of Louisville, 362 U. S. 199. This is true, regardless of the heinousness of the crime charged, the apparent guilt of the offender or the station in life which he occupies. It was so written into our law as early as 1807 by Chief Justice Marshall in 1 Burr’s Trial 416 . . . .” 366 U. S., at 722. .

There are many ways- to try to assure the kind of impartial jury that the Fourteenth Amendment guarantees.9 In Sheppard v. Maxwell, 384 U. S. 333, the Court enumerated many of the procedures available, particularly in the context of a jury threatened by the poisonous influence of prejudicial publicity during the course of the trial itself. 384 U. S., at 357-363. Here we are concerned with the methods available to assure an impartial ■ jury in a situation where, because of prejudicial publicity [510]*510or for some other reason, the community from which the jury is to be drawn may already be permeated with hostility toward the defendant. The problem is an ancient one. Mr. Justice Holmes stated no more than a commonplace when, two generations ago, he noted that “[a]ny judge who has sat with juries knows that in spite of forms they are extremely likely to be impregnated by the environing atmosphere.” Frank v. Mangum, 237 U. S. 309, 349 (dissenting opinion).

One way to try to meet the problem is to grant a continuance of the trial in the hope that in the course of time, the fires of prejudice will cool. But this hope may not be realized, and continuances, particularly if they are repeated, work against the important values implicit in the constitutional guarantee of a. speedy trial.10

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Bluebook (online)
400 U.S. 505, 91 S. Ct. 490, 27 L. Ed. 2d 571, 1971 U.S. LEXIS 88, Counsel Stack Legal Research, https://law.counselstack.com/opinion/groppi-v-wisconsin-scotus-1971.