Coker v. Georgia
| Coker v. Georgia | |
|---|---|
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| Argued March 28, 1977 Decided June 29, 1977 |
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| Full case name | Erlich Anthony Coker v. State of Georgia |
| Citations | 433 U.S. 584 (more)
97 S. Ct. 2861; 53 L. Ed. 2d 982; 1977 U.S. LEXIS 146
|
| Prior history | After he escaped from prison, the defendant raped an adult woman. He was convicted and sentenced to death, which was upheld by the Supreme Court of Georgia. |
| Holding | |
| The death penalty for rape is grossly disproportionate and excessive punishment and so is forbidden by the Eighth Amendment, as cruel and unusual punishment. | |
| Court membership | |
| Case opinions | |
| Plurality | White, joined by Stewart, Blackmun, Stevens |
| Concurrence | Marshall |
| Concurrence | Brennan |
| Concur/dissent | Powell |
| Dissent | Burger, joined by Rehnquist |
| Laws applied | |
| U.S. Const. amend. VIII | |
Coker v. Georgia, 433 U.S. 584 (1977), held that the death penalty for rape of an adult woman was grossly disproportionate and excessive punishment, and therefore unconstitutional under the Eighth Amendment to the United States Constitution. A few states continued to have child rape statutes that authorized the death penalty. In Kennedy v. Louisiana (2008), the court expanded Coker, ruling that the death penalty is unconstitutional in all cases that do not involve murder or crimes against the State.
While serving several sentences for rape, kidnapping, one count of first degree murder, and aggravated assault, Ehrlich Anthony Coker escaped from prison. He broke into Allen and Elnita Carver's home near Waycross, Georgia; raped Elnita Carver, and stole the family's vehicle. Coker was convicted of rape, armed robbery, and the other offenses. He was sentenced to death on the rape charge after the jury found two of the aggravating circumstances present for imposing such a sentence: the rape was committed by a person with prior convictions for capital felonies, and the rape was committed in the course of committing another capital felony, the armed robbery. The Supreme Court of Georgia upheld the death sentence.
Justice White wrote the plurality opinion, on behalf of Justices Stewart, Blackmun, and Stevens.
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