¶1State of Utah is requested to file prior to 5 p.m., e.s.t., Tuesday, December 7, 1976, a response to application for stay of execution filed December 2, 1976, particularly with respect to the allegations of said application bearing upon the validity of Gary Mark Gilmore’s waiver of his right to appeal, and to file with said response, unless impossible or wholly impractical, a transcript of the hearing held on November 1, 1976, on the motion for a new trial, a transcript of the proceedings of November 10, 1976, before the Utah Supreme Court, a transcript of the proceedings before the Board of Pardons on November 30, 1976, and a transcript of the proceedings of December 1, 1976, before the sentencing judgment at which a date for execution of the sentence was set. The State’s response may be filed separately from and prior to the filing of the transcripts should the State care to do so. Application for stay of execution granted pending filing of said response and further action of the Court on the application for stay.
429 U.S. 989
Gilmore v. Utah
Supreme Court of the United States
Decided December 3, 1976
Supreme Court of the United States · decided 1976-12-03
Good law ✅— No negative treatment on recordhow we know
Decided 1976-12-03
How this case has been cited
Cited by 55 later decisions (6 by the Supreme Court) — most recently March 2025 · most notably Penn Central Transportation Co. v. New York City (1978), Tashjian v. Republican Party of Connecticut (1986)
11 federal appellate · 6 district · 16 state decisions — followed in 11 states
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
View the full empirical analysis of this case →