Clemons v. Mississippi
494 U.S. 738 · Decided March 28, 1990 · Supreme Court of the United States
Record summary. This page is generated from the Supreme Court Database’s coded data about the case. It describes who decided what, not the Court’s reasoning. Read the opinion itself before relying on it. Not legal advice.
At a glance
Clemons v. Mississippi was decided on March 28, 1990 by a vote of 5–4. The Court vacated the lower court's decision and remanded the case. Justice Byron R. White wrote the opinion of the Court. SCDB classifies its main issue as “Cruel and unusual punishment, death penalty” in the Criminal Procedure area.
Read the opinion
Case details
- Citations
- 494 U.S. 738 · 110 S. Ct. 1441 · 108 L. Ed. 2d 725 · 1990 U.S. LEXIS 1667
- Docket number
- 88-6873
- Decided
- March 28, 1990
- Argued
- November 28, 1989
- Court era
- Rehnquist Court
- Decision type
- Opinion of the Court (orally argued)
- Disposition
- Vacated and remanded
- Outcome for petitioner
- The petitioning party received a favorable disposition
- Vote
- 5–4
- Majority opinion
- Byron R. White
- Opinion assigned by
- William H. Rehnquist
- How the case arrived
- Certiorari
- Issue (SCDB)
- Cruel and unusual punishment, death penalty
- Issue area
- Criminal Procedure
- Legal provision
- Eighth Amendment (cruel and unusual punishment)
- Type of law
- Constitutional amendment
- Decision direction (SCDB)
- Conservative what this means
How the Justices voted
| Justice | Vote | Separate writing |
|---|---|---|
| Justice William J. Brennan Jr. | Dissent | Wrote an opinion |
| Justice Byron R. White | Majority | Wrote an opinion |
| Justice Thurgood Marshall | Dissent | |
| Justice Harry A. Blackmun | Dissent | Wrote an opinion |
| Chief Justice William H. Rehnquist | Majority | |
| Justice John Paul Stevens | Dissent | |
| Justice Sandra Day O'Connor | Majority | |
| Justice Antonin Scalia | Majority | |
| Justice Anthony M. Kennedy | Majority |
Full case caption
Clemons v. Mississippi
SCDB identifiers: case 1989-057, docket 1989-057-01.
Related decisions
Other cases on “Cruel and unusual punishment, death penalty”
- Richard Boyde v. California
- McKoy v. North CarolinaLaw held unconstitutional
- Scott Wayne Blystone v. Pennsylvania
- Delo v. Stokes
- Walton v. Arizona
- Lewis v. Jeffers
Cases on the same legal provision: Eighth Amendment (cruel and unusual punishment)
- Murray v. Giarratano
- Pearly L. Wilson v. Richard Seiter
- Ronald Allen Harmelin v. Michigan
- Keith J. Hudson v. Jack McMillian
- California v. Brown
- Donald L. Helling v. William McKinney
Same Term, same area (Criminal Procedure)
- Michael Terrell v. Terry L. Morris
- James v. Illinois
- Dowling v. United States
- Holland v. Illinois
- Baltimore City Department of Social Services v. Bouknight
- United States v. Rene Martin Verdugo-Urquidez
Source: Supreme Court Database, 2026 Release 01 (data file dated September 8, 2026). Imported into CaseTrail November 5, 2026. Coverage: decisions from the 1946 through 2025 Terms. Methodology · Report an error