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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
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

JusticeVoteSeparate writing
Justice William J. Brennan Jr.DissentWrote an opinion
Justice Potter StewartJudgment of the CourtWrote an opinion
Justice Byron R. WhiteSpecial concurrenceWrote an opinion
Justice Thurgood MarshallDissentWrote an opinion
Chief Justice Warren E. BurgerSpecial concurrenceCo-authored an opinion
Justice Harry A. BlackmunSpecial concurrenceWrote an opinion
Justice Lewis F. Powell Jr.Majority
Justice William H. RehnquistSpecial concurrenceCo-authored an opinion
Justice John Paul StevensMajority

Full case caption

Gregg v. Georgia

SCDB identifiers: case 1975-173, docket 1975-173-01.

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Cases on the same legal provision: Eighth Amendment (cruel and unusual punishment)

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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