FURMAN v. GEORGIA

No. 69-5003.

408 U.S. 238 (1972)

FURMAN v. GEORGIA.

Supreme Court of United States.

Decided June 29, 1972.


Attorney(s) appearing for the Case

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.

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)....

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