Stewart v. Massachusetts
Cases that cite this one
99 later published cases cite this decision. The 25 that cite it most often are listed here.
- Swain v. State (Ala. 1973)
- Bartholomey v. State (Md. 1972)
- State v. Randol (Kan. 1973)
- Warren Wesley Summerlin v. Terry L. Stewart, Director of Arizona Department of Corrections (9th Cir. 2003)
- United States v. Gay (United States Court of Military Appeals 1983)
- White v. State (Tex. Crim. App. 1976)
- Wiggins v. State (Md. 1975)
- A. C. Park v. H. T. (Tommy) Huff (5th Cir. 1974)
- Maurice Schick v. George J. Reed, Chairman of the United States Board of Parole (D.C. Cir. 1973)
- State v. Schmid (Ariz. 1973)
- State v. Waddell (N.C. 1973)
- Stanley v. State (Tex. Crim. App. 1972)
- State v. Jones (La. 1972)
- State v. Curry (La. 1972)
- State v. Brierly (Ariz. 1973)
- Lopez v. State (Tex. Crim. App. 1973)
- Timothy Lee Hurst v. State of Florida (Fla. 2016)
- Mills v. State (Md. 1987)
- State v. Kelbach (Utah 1977)
- Commonwealth v. O'NEAL (Mass. 1975)
- State v. Taylor (Ariz. 1973)
- State v. Chatman (Ariz. 1973)
- Adderly v. Wainwright (United States District Court for the Middle District of Florida 1972)
- Arthur Davis v. Kay Bryan and Raymond Lopes (2d Cir. 1989)
- George Mercer v. William Armontrout, Warden, Missouri State Penitentiary (8th Cir. 1988)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
The appellant in this case was sentenced to death. The imposition and carrying out of that death penalty constitutes cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments. Furman v. Georgia, ante, p. 238. The motion for leave to proceed in forma pauperis is granted. The judgment is therefore vacated insofar as it leaves undisturbed the death penalty imposed, and the case is remanded for further proceedings.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.