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Presnell v. Georgia, 439 U.S. 14 (1978)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Presnell v. Georgia, 439 U.S. 14 (1978)
Presnell v. Georgia No. 77-6885 Decided November 6, 1978 439 U.S. 14
ON PETITION FOR WRIT OF CERTIORARI TO THE SUPREME COURT
OF GEORGIA
Syllabus
The Georgia Supreme Court’s affirmance of petitioner’s death sentence for murder imposed under a Georgia statute authorizing such a sentence for a capital offense committed while another capital offense is being committed, and of his conviction of kidnaping with bodily injury, is unconstitutional as violative of due process, where such affirmance was based on an underlying rape charge of which petitioner was not properly tried and convicted. Cf. Cole v. Arkansas, 333 U.S. 196.
Certiorari granted in part; 241 Ga. 49, 243 S.E.2d 496, reversed in part and remanded.
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Chicago: U.S. Supreme Court, "Syllabus," Presnell v. Georgia, 439 U.S. 14 (1978) in 439 U.S. 14 Original Sources, accessed May 20, 2024, http://www.originalsources.com/Document.aspx?DocID=BVL98U6QNSZ1Y61.
MLA: U.S. Supreme Court. "Syllabus." Presnell v. Georgia, 439 U.S. 14 (1978), in 439 U.S. 14, Original Sources. 20 May. 2024. http://www.originalsources.com/Document.aspx?DocID=BVL98U6QNSZ1Y61.
Harvard: U.S. Supreme Court, 'Syllabus' in Presnell v. Georgia, 439 U.S. 14 (1978). cited in 1978, 439 U.S. 14. Original Sources, retrieved 20 May 2024, from http://www.originalsources.com/Document.aspx?DocID=BVL98U6QNSZ1Y61.
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