FURMAN v. GEORGIA

U.S. SUPREME COURT

FURMAN v. GEORGIA, 408 U.S. 238 (1972)

408 U.S. 238

FURMAN v. GEORGIA CERTIORARI TO THE SUPREME COURT OF GEORGIA

No. 69-5003.

Argued January 17, 1972 Decided June 29, 1972 *

MR. JUSTICE DOUGLAS, MR. JUSTICE BRENNAN, MR. JUSTICE STEWART, MR. JUSTICE WHITE, and MR. JUSTICE MARSHALL have filed separate opinions in support of the judgments. MR. CHIEF JUSTICE BURGER, MR. JUSTICE BLACKMUN, MR. JUSTICE POWELL, and MR. JUSTICE REHNQUIST have filed separate dissenting opinions.

[ Footnote * ] Together with No. 69-5030, Jackson v. Georgia, on certiorari to the same court, and No. 69-5031, Branch v. Texas, on certiorari to the Court of Criminal Appeals of Texas.

Imposition and carrying out of death penalty in these cases held to constitute cruel and unusual punishment in violation of Eighth and Fourteenth Amendments.

No. 69-5003, 225 Ga. 253, 167 S. E. 2d 628; No. 69-5030, 225 Ga. 790, 171 S. E. 2d 501; No. 69-5031, 447 S. W. 2d 932, reversed and remanded.

Anthony G. Amsterdam argued the cause for petitioner in No. 69-5003. With him on the brief were B. Clarence Mayfield, Michael Meltsner, Jack Greenberg, James M. Nabrit III, Jack Himmelstein, and Elizabeth B. DuBois. Mr. Greenberg argued the cause for petitioner in No. 69-5030. With him on the brief were Messrs. Meltsner, Amsterdam, Nabrit, Himmelstein, and Mrs. DuBois. Melvyn Carson Bruder argued the cause and filed a brief for petitioner in No. 69-5031.

Dorothy T. Beasley, Assistant Attorney General of Georgia, argued the cause for respondent in Nos. 69-5003 and 69-5030. With her on the briefs were Arthur K. Bolton, Attorney General, Harold N. Hill, Jr., Executive Assistant Attorney General, Courtney Wilder Stanton, Assistant Attorney General, and Andrew J. Ryan, Jr. Charles Alan Wright argued the cause for respondent in No. 69-5031. With him on the brief were Crawford C. Martin, Attorney General of Texas, Nola White, First Assistant Attorney General, Alfred Walker, Executive Assistant Attorney General, and Robert C. Flowers and Glenn R. Brown, Assistant Attorneys General. [408 U.S. 238, 239]

Theodore L. Sendak, Attorney General, and David O. Givens, Deputy Attorney General, filed a brief for the State of Indiana as amicus curiae urging affirmance in No. 69-5003. Paul Raymond Stone filed a brief for the West Virginia Council of Churches et al. as amici curiae urging reversal in Nos. 69-5003 and 69-5030. John E. Havelock, Attorney General, filed a brief for the State of Alaska as amicus curiae in Nos. 69-5003 and 69-5030. Briefs of amici curiae in all three cases were filed by Gerald H. Gottlieb, Melvin L. Wulf, and Sanford Jay Rosen for the American Civil Liberties Union; by Leo Pfeffer for the Synagogue Council of America et al.; by Chauncey Eskridge, Mario G. Obledo, Leroy D. Clark, Nathaniel R. Jones, and Vernon Jordan for the National Association for the Advancement of Colored People et al.; by Michael V. DiSalle for Edmund G. Brown et al.; and by Hilbert P. Zarky and Marc I. Hayutin for James V. Bennett et al.

PER CURIAM.

Petitioner in No. 69-5003 was convicted of murder in Georgia and was sentenced to death pursuant to Ga. Code Ann. 26-1005 (Supp. 1971) (effective prior to July 1, 1969). 225 Ga. 253, 167 S. E. 2d 628 (1969). Petitioner in No. 69-5030 was convicted of rape in Georgia and was sentenced to death pursuant to Ga. Code Ann. 26-1302 (Supp. 1971) (effective prior to July 1, 1969). 225 Ga. 790, 171 S. E. 2d 501 (1969). Petitioner in No. 69-5031 was convicted of rape in Texas and was sentenced to death pursuant to Tex. Penal Code, Art. 1189 (1961). 447 S. W. 2d 932 (Ct. Crim. App. 1969). Certiorari was granted limited to the following question: "Does the imposition and carrying out of the death penalty in [these cases] constitute cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments?" 403 U.S. 952 (1971). The Court holds that the imposition [408 U.S. 238, 240] and carrying out of the death penalty in these cases constitute cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments. The judgment in each case is therefore reversed insofar as it leaves undisturbed the death sentence imposed, and the cases are remanded for further proceedings.

So ordered.