Fitzgerald v. Virginia

Supreme Court of the United States

Decided February 22, 1983

Supreme Court of the United States · decided 1983-02-22

Relies on Gregg v. Georgia · Fitzgerald v. Commonwealth · 422 So. 2d 838 - Berek v. Metropolitan Dade County

Good law ✅— No negative treatment on recordhow we know

Decided 1983-02-22

How this case has been cited

Cited by 201 later decisions (5 by the Supreme Court) — most recently September 2010 · most notably Dugger v. Adams (1989), in Re Jessie McDonald (1989)

35 federal appellate · 1 district · 147 state decisions — followed in 16 states

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1Sup. Ct. Va.;

¶2Sup. Ct. Ga.;

¶3Sup. Ct. Fla.;

¶4Sup. Ct. Fla.; and

¶5Sup. Ct. Fla. Certio-rari denied. Reported below: No. 82-5853, 223 Va. 615, 292 S. E. 2d 798; No. 82-5877, 249 Ga. 812, 295 S. E. 2d 63; No. 82-5879, 419 So. 2d 1067; No. 82-5902, 419 So. 2d 1058; No. 82-5909, 422 So. 2d 843.

Justice Brennan and Justice Marshall,

¶6dissenting.

¶7Adhering to our views that the death penalty is in all circumstances cruel and unusual punishment prohibited by the Eighth and Fourteenth Amendments, Gregg v. Georgia, 428 U. S. 153, 227, 231 (1976), we would grant certiorari and vacate the death sentences in these cases.