Tehan v. United States ex Rel. Shott
382 U.S. 406 · Decided January 19, 1966 · 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
Tehan v. United States ex Rel. Shott was decided on January 19, 1966 by a vote of 5–2. 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 “Retroactivity of new rights” in the Criminal Procedure area.
Read the opinion
Case details
- Citations
- 382 U.S. 406 · 86 S. Ct. 459 · 15 L. Ed. 2d 453 · 1966 U.S. LEXIS 2527
- Docket number
- 52
- Decided
- January 19, 1966
- Argued
- November 18, 1965
- Court era
- Warren Court
- Decision type
- Opinion of the Court (orally argued)
- Disposition
- Vacated and remanded
- Outcome for petitioner
- The petitioning party received a favorable disposition
- Vote
- 5–2
- Majority opinion
- Potter Stewart
- Opinion assigned by
- Tom C. Clark
- How the case arrived
- Certiorari
- Issue (SCDB)
- Retroactivity of new rights
- Issue area
- Criminal Procedure
- Legal provision
- Retroactive application of a constitutional right
- Type of law
- Other
- Decision direction (SCDB)
- Conservative what this means
How the Justices voted
| Justice | Vote | Separate writing |
|---|---|---|
| Justice Hugo L. Black | Dissent | Wrote an opinion |
| Justice William O. Douglas | Dissent | |
| Justice Tom C. Clark | Majority | |
| Justice John M. Harlan II | Majority | |
| Justice William J. Brennan Jr. | Majority | |
| Justice Potter Stewart | Majority | Wrote an opinion |
| Justice Byron R. White | Majority |
Did not participate: Earl Warren, Abe Fortas.
Full case caption
Tehan, Sheriff v. United States ex Rel. Shott
SCDB identifiers: case 1965-043, docket 1965-043-01.
Related decisions
Other cases on “Retroactivity of new rights”
- Johnson v. New Jersey
- New Jersey v. Russo
- Linkletter v. Walker
- Angelet v. Fay
- California v. Hurst.
- Roberts v. Russell
Cases on the same legal provision: Retroactive application of a constitutional right
Same Term, same area (Criminal Procedure)
- First Security National Bank & Trust Co. of Lexington v. United States
- James v. Louisiana
- Harris v. United StatesAltered precedent
- Baxstrom v. HeroldLaw held unconstitutional
- United States v. Ewell
- Stevens v. Marks
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