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488 U.S. 1034

Gardner v. Texas

Supreme Court of the United States

Decided January 17, 1989

Supreme Court of the United States · decided 1989-01-17

Relies on Gregg v. Georgia

Good law ✅— No negative treatment on recordhow we know

Decided 1989-01-17

How this case has been cited

Cited by 273 later decisions (1 by the Supreme Court) — most recently December 2025 · most notably Tuilaepa v. California (1994), United States v. Hector Francisco Molina (1991)

128 federal appellate · 2 district · 71 state decisions — followed in 15 states

238019891990200020102020decided

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.

View the full empirical analysis of this case →

¶1Ct. Crim. App. Tex.;

¶2Sup. Ct. Tenn.;

¶3Sup. Ct. Cal.;

¶4Sup. Ct. Cal.;

¶5C. A. 11th Cir.;

¶6Sup. Ct. Ohio;

¶7Sup. Ct. Cal.; and

¶8Sup. Ct. Cal. Certiorari denied.

Justice Brennan and Justice Marshall,

¶9dissenting.

¶10Adhering 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.

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