Presnell v. Georgia
439 U.S. 14 · Decided November 6, 1978 · 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
Presnell v. Georgia was decided on November 6, 1978 by a vote of 6–3. The Court reversed the lower court's decision and remanded the case. The decision was issued per curiam (an unsigned opinion of the Court). SCDB classifies its main issue as “Cruel and unusual punishment, death penalty” in the Criminal Procedure area.
Read the opinion
Case details
- Citations
- 439 U.S. 14 · 99 S. Ct. 235 · 58 L. Ed. 2d 207 · 1978 U.S. LEXIS 139
- Docket number
- 77-6885
- Decided
- November 6, 1978
- Court era
- Burger Court
- Decision type
- Per curiam (no oral argument)
- Disposition
- Reversed and remanded
- Outcome for petitioner
- The petitioning party received a favorable disposition
- Vote
- 6–3
- Opinion assigned by
- William J. Brennan Jr.
- How the case arrived
- Certiorari
- Issue (SCDB)
- Cruel and unusual punishment, death penalty
- Issue area
- Criminal Procedure
- Legal provision
- Fourteenth Amendment (due process)
- Type of law
- Constitutional amendment
- Decision direction (SCDB)
- Liberal what this means
How the Justices voted
| Justice | Vote | Separate writing |
|---|---|---|
| Justice William J. Brennan Jr. | Concurrence | Wrote an opinion |
| Justice Potter Stewart | Majority | |
| Justice Byron R. White | Majority | |
| Justice Thurgood Marshall | Concurrence | Wrote an opinion |
| Chief Justice Warren E. Burger | Dissent | |
| Justice Harry A. Blackmun | Majority | |
| Justice Lewis F. Powell Jr. | Dissent | Wrote an opinion |
| Justice William H. Rehnquist | Dissent | |
| Justice John Paul Stevens | Majority |
Full case caption
Presnell v. Georgia
SCDB identifiers: case 1978-004, docket 1978-004-01.
Related decisions
Other cases on “Cruel and unusual punishment, death penalty”
- Lockett v. OhioLaw held unconstitutional
- Bell v. Ohio
- Green v. Georgia
- Coker v. GeorgiaLaw held unconstitutional
- Roberts v. LouisianaLaw held unconstitutional
- Godfrey v. Georgia
Cases on the same legal provision: Fourteenth Amendment (due process)
- New Motor Vehicle Board of California v. Orrin W. Fox Co.
- Leis v. Flynt
- Harrah Independent School District v. Martin
- Moorman Manufacturing Co. v. Bair
- Exxon Corp. v. Governor of Maryland
- Taylor v. Kentucky
Same Term, same area (Criminal Procedure)
- Rakas v. Illinois
- Corbitt v. New Jersey
- Massachusetts v. White
- Michigan v. Doran
- Lee v. Missouri
- Scott v. Illinois
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