Furman v. Georgia
U.S.
Citation analytics
How this case sits in the citation network, derived from CiteLaw's graph of published opinions.
Citations by decade
Courts citing this case
Most recently cited by10
- 2026Associated Press v. Ron Neal 7th Cir.
- 2026Michael H. Hunt v. State of Florida Fla.
- 2026Commonwealth v. Lee, D., Aplt. Pa.
- 2026Jimmy Davis, Jr. v. Commissioner, Alabama DOC 11th Cir.
- 2026Calvin Crator v. Dexter Payne, Director, Arkansas Division of Correction Ark.
- 2026Com. v. Sharpe, E. Pa. Super. Ct.
- 2026Andrew v. Tinsley 10th Cir.
- 2025Abre Jackson v. Marc Anastacio 7th Cir.
- 2025Christopher Robert Hicks v. The State of Wyoming Wyo.
- 2025Michael James Jackson v. State of Florida Fla.
Cites 3 cases
- Furman v. State
- Jackson v. State
- Branch v. State
Counts reflect decisions in the CiteLaw corpus and may lag very recent opinions.
Opinion
FURMAN v. GEORGIA
Judges
- Me. Justice Douglas, Mr. Justice Brennan, Mr. Justice Stewart, Mr. Justice White, and Mr. Justice Marshall have filed separate opinions in support of the judgments. The Chief Justice, Mr. Justice Black-mun, Mr. Justice Powell, and Mr. Justice Rehnquist have filed separate dissenting opinions.
Attorneys
- Anthony G. Amsterdam argued the cause for petitioner in No. 69-5003. With him on the brief were B. Clarence Mayfield, Michael Meltsner, Jack Greenberg, James M. Nabrit III, Jack Himmelstein, and Elizabeth B. DuBois. Mr. Greenberg argued the cause for petitioner in No. 69-5030. With him on the brief were Messrs. Meltsner, Amsterdam, Nabrit, Himmelstein, and Mrs. DuBois. Melvyn Carson Bruder argued the cause and filed a brief for petitioner in No. 69-5031.
- Dorothy T. Beasley, Assistant Attorney General of Georgia, argued the cause for respondent in Nos. 69-5003 and 69-5030. With her on the briefs were Arthur K. Bolton, Attorney General, Harold N. Hill, Jr., Executive Assistant Attorney General, Courtney Wilder Stanton, Assistant Attorney General, and Andrew J. Ryan, Jr. Charles Alan Wright argued the cause for respondent in No. 69i-5031. With him on the brief were Crawford C. Martin, Attorney General of Texas, Nola White, First Assistant Attorney General, Alfred Walker, Executive Assistant Attorney General, and Robert C. Flowers and Glenn R. Brown, Assistant Attorneys General.
- Theodore L. Sendak, Attorney General, and David 0. Givens, Deputy Attorney General, filed a brief for the State of Indiana as amicus curiae urging affirmance in No. 69-5003. Paul Raymond Stone filed a brief for the West Virginia Council of Churches et al. as amici curiae urging reversal in Nos. 69-5003 and 69-5030. John E. Havelock, Attorney General, filed a brief for the State of Alaska as amicus curiae in Nos. 69-5003 and 69-5030. Briefs of amici curiae in all three cases were filed by Gerald H. Gottlieb, Melvin L. Wulf, and Sanford Jay Rosen for the American Civil Liberties Union; by Leo Pfeffer for the Synagogue Council of America et ah; by Chauncey Eskridge, Mario G. Obledo, Leroy D. Clark, Nathaniel R. Jones, and Vernon Jordan for the National Association for the Advancement of Colored People et ah; by Michael V. DiSalle for Edmund G. Brown et al.; and by Hilbert P. Zarky and Marc I. Hayutin for James V. Bennett et al.
Petitioner in No. 69-5003 was convicted of murder in Georgia and was sentenced to death pursuant to Ga. Code Ann. §26-1005 (Supp. 1971) (effective prior to July 1, 1969). 225 Ga. 253, 167 S. E. 2d 628 (1969). Petitioner in No. 69-5030 was convicted of rape in Georgia and was sentenced to death pursuant to Ga. Code Ann. § 26-1302 (Supp. 1971) (effective prior to July 1, 1969). 225 Ga. 790, 171 S. E. 2d 501 (1969). Petitioner in No. 69-5031 was convicted of rape in Texas and was sentenced to death pursuant to Tex. Penal Code, Art. 1189 (1961). 447 S. W. 2d 932 (Ct. Crim. App. 1969). Certiorari was granted limited to the following question: “Does the imposition and carrying out of the death penalty in [these cases] constitute cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments?” 403 U. S. 952 (1971). The Court holds that the imposition and carrying out of the death penalty in these cases constitute cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments. The judgment in each case is therefore reversed insofar as it leaves undisturbed the death sentence imposed, and the cases are remanded for further proceedings.
So ordered.
Me. Justice Douglas, Mr. Justice Brennan, Mr. Justice Stewart, Mr. Justice White, and Mr. Justice Marshall have filed separate opinions in support of the judgments. The Chief Justice, Mr. Justice Black-mun, Mr. Justice Powell, and Mr. Justice Rehnquist have filed separate dissenting opinions.
Maine has totally abolished the death penalty, and severely limited its imposition. Based on ALI, supra, n. Rhode 98, at Island has 25.
Miehigan, Minnesota, and wisconsln have completely abolished capital punishment. North Dakota has severely restricted its use.
Iowa, North Dakota, and South Dakota were not admitted to the national death registration area until 1923, 1924, and 1930 respectively.
South Dakota introduced the death penalty in 1939.
Based on ALT, supra, n. 98, at 28. See also id,., at 32-34.