In the case of Hennington v. Georgia in 1895, the U.S. Supreme Court ruled on a dispute involving racial discrimination during jury selection. The plaintiff, an African American man named William Hennington, was convicted for murder by an all-white jury in Georgia state court and sentenced to death. He appealed his conviction to the Supreme Court arguing that he had been denied equal protection under the law because black citizens were systematically excluded from serving on juries in his county due to their race - a violation of Fourteenth Amendment rights. The Supreme Court rejected Hennington's appeal with a 7-2 decision stating that while it is unconstitutional for states to exclude individuals from jury service based solely on their race, there wasn't enough evidence presented proving systematic exclusion of blacks from juries in Dodge County where trial took place. Therefore, they upheld his conviction and sentence.

In the dissenting opinion for Hennington v. Georgia, Justice Harlan argued that the defendant's constitutional rights were violated due to a lack of proper legal representation during his trial. He believed that Hennington was not given adequate time or opportunity to secure counsel and prepare an effective defense against serious charges which could result in capital punishment. The justice also pointed out discrepancies in how different states interpreted the right to counsel, emphasizing the need for uniformity across jurisdictions. Furthermore, he criticized Georgia’s practice of allowing defendants only one day between indictment and trial as it undermined their ability to mount a fair defense. In conclusion, Justice Harlan maintained that these circumstances resulted in a violation of due process under the Fourteenth Amendment.