GODFREY V. GEORGIA
446 U.S. 420 (1980)
NATURE OF THE CASE: This was an appeal from a death sentence.
FACTS: Godfrey (D) and his wife of 28 years had a heated argument in their home. D had
consumed several cans of beer, threatened his wife with a knife, and damaged some of her
clothing. The wife announced that she was going to leave D. She departed and secured a
warrant charging D with aggravated assault. She then filed for divorce and a court hearing
was set two weeks later. Before that hearing, D asked her to return home but those pleas
were rebuffed. After a heated phone argument, D got out his shotgun and walked down the road
to where his mother in law lived and observed his mother in law, his wife, and his
11-year-old daughter playing cards. He pointed the shotgun at his wife and pulled the
trigger. She was killed instantly. D then went into the trailer and struck his fleeing
daughter and then fired the gun at his mother in law and killed her instantly. D then called
the sheriff, confessed, and surrendered. D pled not guilty by reason of insanity but was
convicted of all counts. D got the death penalty even with the judge reading the aggravating
circumstances subsection of (b)(7) of Georgia code. The jury specified that it found that
the offense of murder was outrageously or wantonly vile, horrible, and inhuman. The judge
found that there was no torture. D appealed and the Georgia Supremes affirmed even though D
sought to hold (b)(7) unconstitutionally vague.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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