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Moore v. Wilkes

Supreme Court of Georgia
Nov 25, 1981
248 Ga. 616 (Ga. 1981)
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Summary

holding that, after reversal of a death sentence because the sole aggravating factor was constitutionally infirm, the State could seek the death penalty again, because the grounds for reversal did not go to the sufficiency of the evidence

Summary of this case from Whittlesey v. State
See 3 Summaries

Opinion

38124.

DECIDED NOVEMBER 25, 1981. REHEARING DENIED DECEMBER 15, 1981.

Habeas corpus; extradition. Bibb Superior Court. Before Judge Culpepper.

L. Z. Dozier, for appellant.

Willis B. Sparks III, District Attorney, for appellee.

Judgment affirmed without opinion pursuant to Rule 59.

All the Justices concur.

DECIDED NOVEMBER 25, 1981 — REHEARING DENIED DECEMBER 15, 1981.

Summaries of

Moore v. Wilkes

Supreme Court of Georgia
Nov 25, 1981
248 Ga. 616 (Ga. 1981)

holding that, after reversal of a death sentence because the sole aggravating factor was constitutionally infirm, the State could seek the death penalty again, because the grounds for reversal did not go to the sufficiency of the evidence

Summary of this case from Whittlesey v. State

In Godfrey v. State, 248 Ga. 616, 284 S.E.2d 422 (1981), the Georgia Supreme Court noted that, " Bullington arose under a Missouri death penalty statute which is essentially identical to the Georgia statute."

Summary of this case from Young v. Zant

In Godfrey v. State, 248 Ga. 616, 284 S.E.2d 422 (1981), cert. den. 456 U.S. 919, 102 S.Ct. 1778, 72 L.Ed.2d 180, reh. den. 456 U.S. 1001, 102 S.Ct. 2286, 73 L.Ed.2d 1296 (1982) the state relied on only one aggravating circumstance at the initial trial, and the jury found a different statutory aggravating circumstance at the second trial.

Summary of this case from State v. David
Case details for

Moore v. Wilkes

Case Details

Full title:MOORE v. WILKES

Court:Supreme Court of Georgia

Date published: Nov 25, 1981

Citations

248 Ga. 616 (Ga. 1981)
284 S.E.2d 422

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