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Gregg v. Georgia

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Giannina Alba

on 3 November 2014

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Transcript of Gregg v. Georgia

The Supreme Court vote in the dissent was 2 to 7 and the dissent was written by Thurgood Marshall and William J. Brennan Jr. In their dissents, Marshall and Brennan state that the death penalty is excessive and that were the American people fully informed of the death penalty they would deem it as morally unacceptable and outlaw it.
The dissenting opinions differ from the concurrent opinions because the dissenting opinions argue that the verdict of the death penalty was excessive while the concurrent opinions state that the verdict of the death penalty was justly.
Supreme Court Verdict
Supreme Court Verdict
Significance of Gregg v. Georgia
Occured on July 2, 1976
The supreme court voted in favor of Georgia, stating that the death penalty given did not violate the 8th and 14th Amendments and that the verdict was just.
Majority Vote (7 to 2):
-Warren E. Burger
- Potter Stewart
- Byron R. White
- Harry A. Blackman
- Lewis F. Powell
- William H. Rehnquist
- John Paul Stevens
The majority decision was written by Potter Stewart and stated that the death penalty did not violate the 8th and 14th Amendments. It also stated that in extreme killing cases, the death penalty may be allowed if used carefully.
Concurrent Opinions:
-Byron R. White
-Warren E. Burger (co-authored with White)
- William H. Rehnquist (co-authored with White)
- Harry A. Blackmun
All of the concurrent opinions agreed with the majority decision.

The significance of Gregg v. Georgia was that it changed the way America viewed the death penalty. Before Gregg the death penalty was abolished through the Supreme Courts decision in Furman v. Georgia for four years. In Gregg the Supreme Court stated that the death penalty was "appropriate if carefully employed", automatically unabolishing the death penalty throughout the country and beginning what would be decades of conflict over the morality of the death penalty.
Mr. Ray - AP US Government
By: Giannina Alba
Petition before the Supreme Court
Case Facts
Works Cited
Plaintiff Arguments:
1) Gregg murdered both Simmons and Moore
2) Gregg then robbed Simmons and Moore after murdering them.
3) Gregg deserved either a life sentence or the death penalty.

Defendants Arguments:
1) Gregg shot Simmons and Moore in self defense.
2) Moore and Simmons intended to harm Gregg and attacked him.
3) Denied that his companion Floyd Allen's statements made against him were true.
GREGG v. GEORGIA. The Oyez Project at IIT Chicago-Kent College of Law.01November2014.<http://www.oyez.org/cases/1970-1979/1975/1975_74_6257/>
"Gregg v. Georgia." Gregg v. Georgia. University of Missouri-Kansas City, n.d. Web. 02 Nov. 2014, November 3, 2014, from http://law2.umkc.edu/faculty/projects/ftrials/conlaw/gregg.html
Gregg v. Georgia/Dissent Marshall. (2012, March 6). In Wikisource . Retrieved 04:21, November 3, 2014, from http://en.wikisource.org/w/index.php?title=Gregg_v._Georgia/Dissent_Marshall&oldid=3704473
Gregg v. Georgia. (2014, October 30). In Wikipedia, The Free Encyclopedia. Retrieved 04:20, November 3, 2014, from http://en.wikipedia.org/w/index.php?title=Gregg_v._Georgia&oldid=631793266
Capital punishment in the United States. (2014, November 1). In Wikipedia, The Free Encyclopedia. Retrieved 05:08, November 3, 2014, from http://en.wikipedia.org/w/index.php?title=Capital_punishment_in_the_United_States&oldid=631958287
Gregg v. Georgia
Georgia State Capitol:
(Guilt Stage)
Found Troy Gregg guilty of two counts of armed robbery and two counts of murder.
(Sentencing Stage)
Reaffirmed the convictions and sentenced Gregg to death.
Georgia Supreme Court:
Reaffirmed the death sentence on the appeal.
Lower Court Verdict
Gregg v. Georgia:
Troy Leon Gregg was charged with the robbery and murder of Fred Simmons and Bob Moore, two men who picked up Gregg and his friend Floyd Allen while they were hitchhiking in north Florida. He was tried in Georgia's bifurcated procedure (trial stage and penalty stage) and was found guilty and sentenced to death. He appealed the death sentence, claiming that it was unconstitutional and violated the 8th and 14th Amendments (cruel and unusual punishment and his rights as a citizen). The appeal went all the way to the Supreme Court and was there decided on a vote of 7 to 2, the majority being in favor of Georgia.
Case Info
Majority Decision
Dissenting Opinions
Full transcript