Godfrey v. State, 34256
| Decision Date | 08 September 1980 |
| Docket Number | No. 34256,34256 |
| Citation | 246 Ga. 359,274 S.E.2d 339 |
| Parties | GODFREY v. The STATE. |
| Court | Georgia Supreme Court |
Murder, etc. Polk Superior Court. Before Judge Winn.
J. Calloway Holmes, Stewart and Holmes, Jr., Gerry E. Holmes, for appellant.
John T. Perren, Dist. Atty., Arthur K. Bolton, Atty. Gen., John W. Dunsmore, Jr., Asst. Atty. Gen., for appellee.
The death sentence in the above case 243 Ga. 302, 253 S.E.2d 710 was reversed by the Supreme Court of the United States. Godfrey v. Georgia, 446 U.S. 420, 100 S.Ct. 1759, 64 L.Ed.2d 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 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 S.E.2d 383 (1979); Davis v. State, 242 Ga. 901, 252 S.E.2d 443 (1979). The verdict and judgment of guilty remain affirmed.
Judgment affirmed in part; reversed in part.
All the Justices concur.
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Godfrey v. State, s. 37683
...v. Georgia, 446 U.S. 420, 100 S.Ct. 1759, 64 L.Ed.2d 398 (1980). Upon remand to the Superior Court of Polk County, Godfrey v. State, 246 Ga. 359, 274 S.E.2d 339 (1980), a jury again returned a verdict for the death sentences. The case is presently before this court upon direct appeal and ma......
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Hopkinson v. State
...446 U.S. 420, 100 S.Ct. 1759, 64 L.Ed.2d 398, reh. denied 455 U.S. 1038, 102 S.Ct. 2286, 73 L.Ed.2d 1296 (1980), and 246 Ga. 359, 274 S.E.2d 339 (1980). The death penalty was again imposed on two counts (one of which was reduced to life imprisonment on appeal) and on appeal the double jeopa......
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Godfrey v. Francis
...that the case be sent back to the trial court for either imposition of a life sentence or for a resentencing trial. Godfrey v. State, 246 Ga. 359, 274 S.E.2d 339 (1980). A second sentencing trial was held in Polk County Superior Court and Godfrey was again sentenced to death. On direct appe......
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McCorquodale v. Balkcom
...of mind, or an aggravated battery." The Georgia Supreme Court affirmed the conviction and vacated the sentence in Godfrey v. State, 246 Ga. 359, 274 S.E.2d 339 (1980). In Godfrey, the United States Supreme Court found that the jury's finding indicated that there was no restraint on the arbi......