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Sullivan v. State

194 S.E.2d 410, 229 Ga. 731, 1972 Ga. LEXIS 758
CourtSupreme Court of Georgia
DecidedNovember 16, 1972
Docket25147, 25163, 25260, 25385, 25435, 25494, 25517, 25584, 25601, 25603, 25678, 25959, 26046
StatusPublished
Cited by50 cases

This text of 194 S.E.2d 410 (Sullivan 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.

Bluebook
Sullivan v. State, 194 S.E.2d 410, 229 Ga. 731, 1972 Ga. LEXIS 758 (Ga. 1972).

Opinions

Per curiam.

These cases1 have been remanded to this court by the Supreme Court of the United States. The mandate of the Supreme Court of the United States in each case directs that the judgment of this court be vacated insofar as it leaves undisturbed the death penalty imposed; the mandate also directs further proceedings in this court consistent with Stewart v. Massachusetts, 408 U. S. 845 (92 SC 2845, 33 LE2d 744) (1972).

The decision of the Supreme Court of the United States in Stewart v. Massachusetts is as follows: "The imposition and carrying out of [the] death penalty constitutes cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments.”

Pursuant to the mandate of the Supreme Court of the United States vacating the death penalty imposed in these [732]*732cases the former judgments of this court in the cases are now vacated, and the judgment of the trial court in each case is affirmed except for that portion thereof which imposes the death penalty.

Direction is given to the trial courts as follows:

The presiding judge in the trial court shall enter a judgment sentencing the defendant to be imprisoned for the balance of his life, this being the only lawful sentence which may be entered upon the conviction and finding of the jury that the defendant should receive the maximum sentence permitted by law.

Under decisions exemplified by Fowler v. Grimes, 198 Ga. 84, 92 (31 SE2d 174), it is not necessary that the defendant be present in open court or represented by counsel. However, direction is given that each defendant and his counsel of record be served with a copy of the life sentence within five days from the date of entry.

Judgment affirmed with direction.

All the Justices concur.

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Cite This Page — Counsel Stack

Bluebook (online)
194 S.E.2d 410, 229 Ga. 731, 1972 Ga. LEXIS 758, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sullivan-v-state-ga-1972.