Gregg v. Georgia
428 U.S. 153 · Decided July 2, 1976 · 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
Gregg v. Georgia was decided on July 2, 1976 by a vote of 7–2. The Court affirmed the lower court's decision. Justice Potter Stewart wrote the opinion announcing the judgment of the Court. SCDB classifies its main issue as “Cruel and unusual punishment, death penalty” in the Criminal Procedure area. SCDB codes this decision as formally altering one or more of the Court's own precedents.
Read the opinion
Case details
- Citations
- 428 U.S. 153 · 96 S. Ct. 2909 · 49 L. Ed. 2d 859 · 1976 U.S. LEXIS 82
- Docket number
- 74-6257
- Decided
- July 2, 1976
- Argued
- March 31, 1976
- Court era
- Burger Court
- Decision type
- Judgment of the Court (orally argued)
- Disposition
- Affirmed
- Outcome for petitioner
- The petitioning party did not receive a favorable disposition
- Vote
- 7–2
- Majority opinion
- Potter Stewart
- Opinion assigned by
- Warren E. Burger
- How the case arrived
- Certiorari
- Issue (SCDB)
- Cruel and unusual punishment, death penalty
- Issue area
- Criminal Procedure
- Legal provision
- Eighth Amendment (cruel and unusual punishment)
- Type of law
- Constitutional amendment
- Altered precedent
- Yes — formally altered the Court's precedent
- 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 Potter Stewart | Judgment of the Court | Wrote an opinion |
| Justice Byron R. White | Special concurrence | Wrote an opinion |
| Justice Thurgood Marshall | Dissent | Wrote an opinion |
| Chief Justice Warren E. Burger | Special concurrence | Co-authored an opinion |
| Justice Harry A. Blackmun | Special concurrence | Wrote an opinion |
| Justice Lewis F. Powell Jr. | Majority | |
| Justice William H. Rehnquist | Special concurrence | Co-authored an opinion |
| Justice John Paul Stevens | Majority |
Full case caption
Gregg v. Georgia
SCDB identifiers: case 1975-173, docket 1975-173-01.
Related decisions
Other cases on “Cruel and unusual punishment, death penalty”
- Proffitt v. Florida
- Jurek v. Texas
- Woodson v. North CarolinaLaw held unconstitutional
- Roberts v. LouisianaLaw held unconstitutional
- Gardner v. Florida
- Darden v. Florida
Cases on the same legal provision: Eighth Amendment (cruel and unusual punishment)
Same Term, same area (Criminal Procedure)
- Rose v. Hodges
- Menna v. New York
- Dillingham v. United States
- Texas v. White
- Michigan v. Mosley
- United States v. Moore
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