Louisiana v. Brown
Annotate this CaseThe State charged Defendant-Respondent Aubrey Brown by bill of information with one count of simple burglary of a religious building, and one count of simple burglary. The two crimes were apparently unrelated and the State ultimately severed the second count before bringing Defendant to trial. A jury convicted Defendant by a non-unanimous vote. The trial court sentenced Defendant to twelve years imprisonment at hard labor without benefit of probation, parole, or suspension of sentence. On appeal, the First Circuit noted Defendant's conviction stemmed from a proceeding in which a six-person jury offense had been mistakenly tried in a 12-person jury. Accordingly, the court of appeal reversed his conviction and sentence, and remanded the case to the district court for further proceedings. The State appealed. Upon review, the Supreme Court reversed the court of appeal's judgment, finding that Defendant acquiesced to the error by actively participating the selection of the jury without objection at any stage of the proceedings, and thereby waived any relief on appeal on grounds that the panel selected was composed of a greater number of jurors than required by law. Accordingly, the decision of the court of appeal was reversed and the case was remanded for further proceedings.
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