green
Positive treatment
15.9 score
Treatment trajectory · 1971 → 2026 · click a year to view as-of
1971
1998
2026
Top citers, strongest first. 36 distinct citers.
discussed
Cited as authority (rule)
Timothy Lee Hurst v. State of Florida
See id. at 309 (“The Eighth and Fourteenth Amendments cannot tolerate the infliction of a sentence of death under legal systems that permit this unique penalty to be so wantonly and so freakishly imposed.”); Stewart v. Massachusetts, 408 U.S. 845, 845 (1972).
discussed
Cited as authority (rule)
Commonwealth v. O'NEAL
(2×)
Dillard ed. 1959). [25] The four amendments proposed in the Senate would have prevented jury recommendations of clemency where (1) the murder was committed by a person previously convicted of murder, (2) the victim was a police officer, (3) the murder was committed in an escape attempt or by one under a life sentence or previous sentence of death, or (4) the murder was committed in the course of rape or attempted rape. [26] See Cannon, First Degree Murder: The Post Conviction Experience in Massachusetts 4 (1974). [27] "In the scheme of the Constitution, [the State courts] are the primary guara…
examined
Cited "see"
Arthur Davis v. Kay Bryan and Raymond Lopes
(3×)
See 408 U.S. 933 -40 (1972) (citing Stewart v. Massachusetts, 408 U.S. 845 , 92 S.Ct. 2845 , 33 L.Ed.2d 744 (1972)).
examined
Cited "see"
Hayes v. State
(3×)
See Stewart v. Massachusetts, 408 U.S. 845 , 92 S.Ct. 2845 , 33 L.Ed.2d 744 (1972). [3] Although we have not discussed it, obviously the fourth amendment is made applicable to the states by operation of the fourteenth amendment.
examined
Cited "see"
United States v. Gay
(4×)
See Stewart v. Massachusetts, 408 U.S. 845 , 92 S.Ct. 2845 , 33 L.Ed.2d 744 (1972) and the numerous memorandum cases accompanying Stewart.
examined
Cited "see"
United States v. Matthews
(3×)
See 408 U.S. at 845, 932-942, 92 S.Ct. at 2845, 2845-2879, 33 L.Ed.2d 744, 745-765 .
examined
Cited "see"
State v. Lance
(3×)
See Stewart v. Massachusetts, 408 U.S. 845 , 92 S.Ct. 2845 , 33 L.Ed.2d 744 (1972).
discussed
Cited "see"
Justus v. State
(2×)
See Koonce v. State, Okl.Cr., 456 P.2d 549 (1969), death sentence modified to life imprisonment pursuant to Furman, supra, 408 U.S. 934 , 92 S.Ct. 2845 , 33 L.Ed.2d 748 (1972); Koonce v. State, Okl.Cr., 502 P.2d 1048 (1972), and Gibson v. State, Okl.Cr., 501 P.2d 891 (1972).
discussed
Cited "see"
Schick v. Reed
(2×)
See Stewart v. Massachusetts, 408 U. S. 845 (1972); Marks v. Louisiana, 408 U. S. 933 (1972); Walker v. Georgia, 408 U. S. 936 (1972).
examined
Cited "see"
Bean v. State of Nevada
(3×)
See Stewart v. Massachusetts, 408 U.S. 845 , 92 S.Ct. 2845 , 33 L.Ed.2d 744 (1972), and the cases reported at 408 U.S. 933 -940.
discussed
Cited "see"
A. C. Park v. H. T. (Tommy) Huff
See note 2 supra 5 Park v. State, 1969, 225 Ga. 618 , 170 S.E.2d 687 6 Park v. Georgia, 1972, 408 U.S. 935 , 92 S.Ct. 2845 , 33 L.Ed.2d 749 7 Sullivan v. State, 1972, 229 Ga. 731 , 194 S.Ed.2d 410 8 Park also maintains that the Georgia trial court committed error by admitting the transcript of testimony given at the first trial and by permitting the agent of the Georgia Bureau of Investigation to relate the substance of a confession given by an alleged co-conspirator out of Park's presence.
examined
Cited "see"
Mears v. State of Nevada
(4×)
See Stewart v. Massachusetts, 408 U.S. 845 , *86 92 S.Ct. 2845 , 33 L.Ed.2d 744 (1972), and the cases reported at 408 U.S. 933 -940, 92 S.Ct. 2845 -2879, 33 L.Ed.2d 745 -767.
examined
Cited "see"
Hubbard v. State
(3×)
See Stewart v. Massachusetts, 408 U.S. 845 , 92 S.Ct. 2845 , 33 L.Ed.2d 744 (1972).” Stewart, cited in the mandate, is based on the concensus determination of the several opinions in Furman v. Georgia, 408 U.S. 238 , 92 S.Ct. 2726 , 33 L.Ed.2d 346 , and was announced the same day, June 29, 1972.
examined
Cited "see"
Swain v. State
(6×)
See Stewart v. Massachusetts, 408 U.S. 845 , 92 S.Ct. 2845 , 33 L.Ed.2d 744 (1972).
examined
Cited "see"
United States ex rel. Patrick v. Russell
(3×)
See Stewart v. Massachusetts and companion cases, 408 U.S. 845, 932-940 , 92 S.Ct. 2845 -2879, 33 L.Ed.2d 744 -765 (1972). .
examined
Cited "see"
Russell Alexander v. C. Murray Henderson, Warden, Louisiana State Penitentiary
(3×)
See Stewart v. Massachusetts, 1972, 408 U.S. 845 , 92 S.Ct. 2845 , 33 L.Ed.2d 744 .
cited
Cited "see"
Grantling v. State
See Stewart v. Massachusetts, 408 U. S. 845 (92 SC 2845, 33 LE2d 744).
examined
Cited "see"
State v. Davis
(3×)
See Stewart v. Massachusetts, 408 U.S. 845 [ 92 S. Ct. 2845 , 33 L.
examined
Cited "see"
State v. Delgado
(3×)
See Stewart v. Massachusetts, 408 U.S. 845 [ 92 S. Ct. 2845 , 33 L.
examined
Cited "see"
Philip G. Yates v. C. E. Breazeale, Superintendent of the Mississippi State Penitentiary, No.24792
(3×)
See Stewart v. Massachusetts, 408 U.S. 845 , 92 S.Ct. 2845 , 33 L.Ed.2d 744 (1972).” Now, in obedience to the mandate of the Supreme Court, this case is remanded to the United States District Court for the Northern District of Mississippi with directions to grant the writ unless the State of Mississippi shall within a reasonable period of time, by appropriate proceedings, resentence Yates to a term prescribed by law but for less than the penalty of death, see Newman v. Wainwright, 5 Cir., 464 F.2d 615 [1972].
cited
Cited "see"
Commonwealth v. Cassesso
See Stewart v. Massachusetts, 408 U.S. 845 . reporter. 1 “Oct. 14, 1970.
discussed
Cited "see, e.g."
Commonwealth v. Sheehan
See, e.g., Commonwealth v. Stewart, 359 Mass. 671, 679 (1971) (upholding instruction that "you cannot find the absence of a specific intent solely because you find drunkenness”), judgment vacated per curiam as to death penalty, 408 U.S. 845 (1972); Commonwealth v. LePage, 352 Mass. 403, 419-420 (1967); Commonwealth v. Farrell, 322 Mass. 606, 621 (1948); Commonwealth v. Taylor, 263 Mass. 356, 361-363 (1928); Commonwealth v. Gleason, 262 Mass. 185, 191 (1928); Commonwealth v. Malone, 114 Mass, 295, 298 (1873); Commonwealth v. Hawkins, 3 Gray 463 , 466 (1855). 8 The law in most jurisdictions is…
examined
Cited "see, e.g."
White v. State
(6×)
See also the discussion of the examination of venireman Sutton in Curry v. State, 468 S.W.2d 455 (Tex.Cr.App.1971), reversed as to death penalty in light of Stewart v. Massachusetts, 408 U.S. 845 , 92 S.Ct. 2845 , 33 L.Ed.2d 744 (1972), in Curry v. Texas, 408 U.S. 939 , 92 S.Ct. 2872 , 33 L.Ed.2d 761 (1972).
examined
Cited "see, e.g."
Commonwealth v. Martin
(3×)
See also Stewart v. Massachusetts, 408 U.S. 845 , 92 S.Ct. 2845 , 33 L.Ed.2d 744 (1972).
examined
Cited "see, e.g."
Maurice Schick v. George J. Reed, Chairman of the United States Board of Parole
(6×)
See, e.g., Stewart v. Massachusetts, 408 U.S. 845 , 92 S.Ct. 2845 , 33 L.
examined
Cited "see, e.g."
State v. Randol
(3×)
See also Moore v. Illinois, 408 U.S. 786 , 33 L.Ed.2d 706 , 92 S.Ct. 2562 , and Stewart v. Massachusetts, 408 U.S. 845 , 33 L.Ed.2d 744 , 92 S.Ct. 2845 .
examined
Cited "see, e.g."
State v. Curry
(6×)
See also Stewart v. Massachusetts, 408 U.S. 845 , 92 S.Ct. 2845 , 33 L.Ed.2d 744 (June 29, 1972).
examined
Cited "see, e.g."
State v. Jones
(6×)
See also Stewart v. Massachusetts, 408 U.S. 845 , 92 S.Ct. 2845 , 33 L.Ed.2d 744 (1972).
examined
Cited "see, e.g."
Stanley v. State
(6×)
See also Stewart v. Massachusetts, 408 U.S. 845 , 92 S.Ct. 2845 , 33 L.Ed.2d 744 .
Stewart
v.
Massachusetts
v.
Massachusetts
71-5446.
Supreme Court of the United States.
Jun 29, 1972.
Per Curiam.
Cited by 124 opinions | Published
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.