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
Supreme Court of the United States
Argued February 21, 1961 Decided April 24, 1961
Full case name	Willie Lee Stewart v. United States
Citations	366 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
Majority	Black, joined by Warren, Douglas, Brennan, Stewart
Dissent	Frankfurter, joined by Harlan, Whittaker
Dissent	Clark, 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.