Hurtado v. United States
410 U.S. 578 · Decided March 5, 1973 · 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
Hurtado v. United States was decided on March 5, 1973 by a vote of 7–2. The Court vacated the lower court's decision and remanded the case. Justice Potter Stewart wrote the opinion of the Court. SCDB classifies its main issue as “Due process, prisoners' and defendants' rights” in the Due Process area.
Read the opinion
Case details
- Citations
- 410 U.S. 578 · 93 S. Ct. 1157 · 35 L. Ed. 2d 508 · 1973 U.S. LEXIS 97
- Docket number
- 71-6742
- Decided
- March 5, 1973
- Argued
- January 17, 1973
- Court era
- Burger Court
- Decision type
- Opinion of the Court (orally argued)
- Disposition
- Vacated and remanded
- Outcome for petitioner
- The petitioning party received a favorable disposition
- Vote
- 7–2
- Majority opinion
- Potter Stewart
- Opinion assigned by
- Warren E. Burger
- How the case arrived
- Certiorari
- Issue (SCDB)
- Due process, prisoners' and defendants' rights
- Issue area
- Due Process
- Legal provision
- 28 U.S.C. § 1821
- Type of law
- Infrequently litigated statute
- Decision direction (SCDB)
- Conservative what this means
How the Justices voted
| Justice | Vote | Separate writing |
|---|---|---|
| Justice William O. Douglas | Dissent | Wrote an opinion |
| Justice William J. Brennan Jr. | Dissent | Wrote an opinion |
| Justice Potter Stewart | Majority | Wrote an opinion |
| Justice Byron R. White | Majority | |
| Justice Thurgood Marshall | Majority | |
| Chief Justice Warren E. Burger | Majority | |
| Justice Harry A. Blackmun | Majority | |
| Justice Lewis F. Powell Jr. | Majority | |
| Justice William H. Rehnquist | Majority |
Full case caption
Hurtado et al. v. United States
SCDB identifiers: case 1972-069, docket 1972-069-01.
Related decisions
Other cases on “Due process, prisoners' and defendants' rights”
- McGinnis v. Royster
- Morrissey v. Brewer
- Marshall v. United States
- Wolff v. McDonnell
- Younger v. Gilmore
- Arciniega v. Freeman, U.S. Marshal
Cases on the same legal provision: 28 U.S.C. § 1821
Same Term, same area (Due Process)
- Robinson v. HanrahanLaw held unconstitutional
- Ward v. Village of MonroevilleLaw held unconstitutional
- United States v. Jim
- Almota Farmers Elevator & Warehouse Co. v. United States
- United States v. Fuller et Ux.
- McGinnis v. Royster
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