In the case of Walker v. Ohio, 1969, the United States Supreme Court examined whether a defendant's constitutional rights were violated due to an allegedly biased jury. The appellant was convicted in an Ohio state court for first-degree murder and sentenced to death. He claimed that his Fourteenth Amendment right to equal protection under law had been infringed because members of his race were systematically excluded from both grand and petit juries in Cuyahoga County where he was tried and convicted. In addition, he argued that his Sixth Amendment right to a fair trial by impartial jury was also violated as there existed a substantial likelihood of racial prejudice among remaining jurors who knew about these exclusions but did not disclose it during voir dire examination. The U.S Supreme Court dismissed these claims stating they lacked merit since no evidence supported systematic exclusion or potential bias among jurors based on their knowledge about such exclusions.

In the dissenting opinion for Walker v. Ohio, the justice argued that there was a violation of due process because the defendant did not have an opportunity to present his case in court before being sentenced. The justice believed that this violated fundamental fairness and constitutional rights as it denied him a fair trial. Furthermore, they contended that even if he had been given an opportunity to speak at sentencing, it would still be unconstitutional because he was not allowed to confront or cross-examine witnesses against him during his trial. This lack of procedural safeguards led them to believe that his conviction should be overturned on appeal.