Groppi v. Wisconsin

State law that categorically prevents a change of venue for a jury trial in a criminal case, regardless of the extent of local prejudice against the defendant, solely on the ground that the crime with which he is charged is a misdemeanor held, violative of the right to trial by an impartial jury guaranteed by the Fourteenth Amendment. Pp. 507-512.

41 Wis. 2d 312, 164 N.W. 2d 266, vacated and remanded.

STEWART, J., delivered the opinion of the Court, in which DOUGLAS, HARLAN, BRENNAN, WHITE, and MARSHALL, JJ., joined. BLACKMUN, J., filed a concurring opinion, in which BURGER, C.J., joined, post, p. 512. BLACK, J., filed a dissenting opinion, post, p. 515.

Elizabeth B. DuBois argued the cause for appellant. With her on the briefs were Jack Greenberg, Michael Meltsner, Anthony G. Amsterdam, Thomas M. Jacobson, and Robert E. Sutton.

Sverre O. Tinglum, Assistant Attorney General of Wisconsin, argued the cause for appellee. With him on the brief were Robert W. Warren, Attorney General, and Roy G. Mita, Assistant Attorney General.