Case Citator › Gregg v. Georgia

Gregg v. Georgia

Is it still good law? What later courts have actually done to this case.

Criticized by some courts
Court
Supreme Court of the United States
Citation
428 U.S. 153
Decided
Confirmed treatments
1
Flagged citations read
145 of 145
Citing cases (total)
7,920
Treatment dates
2016
Criticized by some courts
At least one reviewed court has criticized this case’s reasoning. No reviewed court has overruled it. Gregg v. Georgia has been criticized: all 145 flagged citations have been read, with the 1 confirmed treatment listed below. United States v. Fell developed an evidentiary record and concluded that post-Gregg experience had not fulfilled Gregg's promise of a more reliable capital-sentencing system.
More on how this was screened

The court nevertheless acknowledged that Gregg remained binding and rejected the constitutional challenges before it, so the treatment is criticism rather than a limit, abrogation, or overruling. The other citing opinions applied Gregg's guided-discretion, individualized-sentencing, anti-arbitrariness, proportionality, or heightened-scrutiny principles, reported the history of other authorities, or rejected adverse arguments.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

7,920 later cases cite Gregg v. Georgia; 145 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on Gregg v. Georgia?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Criticized

  • The court concluded that experience under post-Gregg capital sentencing had not fulfilled Gregg's promise of a more reliable system, while acknowledging that Gregg remained binding Supreme Court law.

    United States v. Fell · District of Vermont · filed

    Has actual experience borne out the promise for a more reliable system of capital punishment expressed in the Gregg decision? The evidence produced for the court answers the question in the negative.
    Read the full opinion on CourtListener →

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