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Powell v. Texas

392 U.S. 514 · Decided June 17, 1968 · 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

Powell v. Texas was decided on June 17, 1968 by a vote of 5–4. The Court affirmed the lower court's decision. Justice Thurgood Marshall wrote the opinion announcing the judgment of the Court. SCDB classifies its main issue as “Cruel and unusual punishment, non-death penalty” in the Criminal Procedure area.

Read the opinion

Case details

Citations
392 U.S. 514 · 88 S. Ct. 2145 · 20 L. Ed. 2d 1254 · 1968 U.S. LEXIS 1140
Docket number
405
Decided
June 17, 1968
Argued
March 7, 1968
Court era
Warren Court
Decision type
Judgment of the Court (orally argued)
Disposition
Affirmed
Outcome for petitioner
The petitioning party did not receive a favorable disposition
Vote
5–4
Majority opinion
Thurgood Marshall
Opinion assigned by
Earl Warren
How the case arrived
Appeal
Legal provision
Eighth Amendment (cruel and unusual punishment)
Type of law
Constitutional amendment
Decision direction (SCDB)
Conservative what this means

How the Justices voted

JusticeVoteSeparate writing
Justice Hugo L. BlackConcurrenceWrote an opinion
Justice William O. DouglasDissent
Chief Justice Earl WarrenMajority
Justice John M. Harlan IIConcurrence
Justice William J. Brennan Jr.Dissent
Justice Potter StewartDissent
Justice Byron R. WhiteSpecial concurrenceWrote an opinion
Justice Abe FortasDissentWrote an opinion
Justice Thurgood MarshallJudgment of the CourtWrote an opinion

Full case caption

Powell v. Texas

SCDB identifiers: case 1967-183, docket 1967-183-01.

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

Same Term, same area (Criminal Procedure)

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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