Stewart v. United States (1961)

Stewart v. United States, 366 U.S. 1 (1961), was a United States Supreme Court case in which the Court held that asking a criminal defendant whether he had testified in previous trials violated his Fifth Amendment rights.

Stewart v. United States
Argued February 21, 1961
Decided April 24, 1961
Full case nameWillie Lee Stewart v. United States
Citations366 U.S. 1 (more)
81 S. Ct. 941; 6 L. Ed. 2d 84; 1961 U.S. LEXIS 1266
Holding
Asking a criminal defendant whether he had testified in previous trials violated his Fifth Amendment rights.
Court membership
Chief Justice
Earl Warren
Associate Justices
Hugo Black · Felix Frankfurter
William O. Douglas · Tom C. Clark
John M. Harlan II · William J. Brennan Jr.
Charles E. Whittaker · Potter Stewart
Case opinions
MajorityBlack, joined by Warren, Douglas, Brennan, Stewart
DissentFrankfurter, joined by Harlan, Whittaker
DissentClark, joined by Whittaker

Willie Lee Stewart had already been tried twice for murder and had not testified in either trial. During his third trial his defense was insanity and he chose to testify in his own defense. During his cross-examination, the prosecutor asked, "This is the first time you have gone on the stand, isn't it, Willie?", alluding to the fact that Stewart had not testified in his first two trials. Stewart's attorney objected and ultimately appealed Stewart's criminal conviction to the Supreme Court.

The Fifth Amendment provides a criminal defendant with a right to refuse to testify. Relying on that provision, the Court held that the prosecutor's question was unduly prejudicial and unconstitutional. The Court further held that the error was not harmless and remanded for a new trial.

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