Delo v. Stokes
495 U.S. 320 · Decided May 11, 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
Delo v. Stokes was decided on May 11, 1990 by a vote of 5–4. The Court vacated the lower court's decision. The decision was issued per curiam (an unsigned 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
- 495 U.S. 320 · 110 S. Ct. 1880 · 109 L. Ed. 2d 325 · 1990 U.S. LEXIS 2551
- Docket number
- A-795
- Decided
- May 11, 1990
- Court era
- Rehnquist Court
- Decision type
- Per curiam (no oral argument)
- Disposition
- Vacated
- Outcome for petitioner
- The petitioning party received a favorable disposition
- Vote
- 5–4
- Opinion assigned by
- William H. Rehnquist
- How the case arrived
- Certiorari
- Issue (SCDB)
- Cruel and unusual punishment, death penalty
- Issue area
- Criminal Procedure
- 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 | |
| Justice Thurgood Marshall | Dissent | |
| Justice Harry A. Blackmun | Dissent | |
| Chief Justice William H. Rehnquist | Concurrence | |
| Justice John Paul Stevens | Dissent | Wrote an opinion |
| Justice Sandra Day O'Connor | Majority | |
| Justice Antonin Scalia | Concurrence | |
| Justice Anthony M. Kennedy | Concurrence | Wrote an opinion |
Full case caption
Delo, Superintendent, Potosi Correctional Center v. Stokes
SCDB identifiers: case 1989-075, docket 1989-075-01.
Related decisions
Other cases on “Cruel and unusual punishment, death penalty”
- Clemons v. Mississippi
- Walton v. Arizona
- Lewis v. Jeffers
- Richard Boyde v. California
- McKoy v. North CarolinaLaw held unconstitutional
- Scott Wayne Blystone v. Pennsylvania
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