Godfrey v. State

Supreme Court of Georgia

Godfrey v. State

274 S.E.2d 339, 246 Ga. 359, 1980 Ga. LEXIS 1107

CourtSupreme Court of Georgia

DecidedSeptember 8, 1980

Docket34256

StatusPublished

Cited by6 cases

This text of 274 S.E.2d 339 (Godfrey v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Godfrey v. State, 274 S.E.2d 339, 246 Ga. 359, 1980 Ga. LEXIS 1107 (Ga. 1980).

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Opinion

Undercofler, Chief Justice.

The death sentence in the above case was reversed by the Supreme Court of the United States. Godfrey v. Georgia, 446 U. S. — (100 SC 1759, 64 LE2d 398) (1980). Accordingly, this court’s previous affirmation of the death sentence is reversed. The trial court is directed to vacate the death sentence. Godfrey may be sentenced to *360 life imprisonment or a resentencing trial may be conducted based upon any aggravating circumstance other than Code Ann. § 27-2534.1 (b) (7). Redd v. State, 242 Ga. 876 (6) (252 SE2d 383) (1979); Davis v. State, 242 Ga. 901 (252 SE2d 443) (1979). The verdict and judgment of guilty remain affirmed.

Decided September 8, 1980 Rehearing denied September 23, 1980. J. Calloway Holmes, Jr., Gerry E. Holmes, John C. Roger, for appellant. John T. Perrin, District Attorney, Arthur K. Rolton, Attorney General, John W. Dunsmore, Jr., Assistant Attorney General, for appellee.

Judgment affirmed in part; reversed in part

All the Justices concur.

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Undercofler, Chief Justice.

The death sentence in the above case was reversed by the Supreme Court of the United States. Godfrey v. Georgia, 446 U. S. — (100 SC 1759, 64 LE2d 398) (1980). Accordingly, this court’s previous affirmation of the death sentence is reversed. The trial court is directed to vacate the death sentence. Godfrey may be sentenced to *360 life imprisonment or a resentencing trial may be conducted based upon any aggravating circumstance other than Code Ann. § 27-2534.1 (b) (7). Redd v. State, 242 Ga. 876 (6) (252 SE2d 383) (1979); Davis v. State, 242 Ga. 901 (252 SE2d 443) (1979). The verdict and judgment of guilty remain affirmed.

Decided September 8, 1980 Rehearing denied September 23, 1980. J. Calloway Holmes, Jr., Gerry E. Holmes, John C. Roger, for appellant. John T. Perrin, District Attorney, Arthur K. Rolton, Attorney General, John W. Dunsmore, Jr., Assistant Attorney General, for appellee.

Judgment affirmed in part; reversed in part

All the Justices concur.

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274 S.E.2d 339, 246 Ga. 359, 1980 Ga. LEXIS 1107, Counsel Stack Legal Research, https://law.counselstack.com/opinion/godfrey-v-state-ga-1980.

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