Drake v. Zant, Warden; Westbrook v. Balkcom, Warden

1981-01-19

Headline: Georgia death-row cases: Court denied review and left state court decisions upholding death sentences based on multiple aggravating factors in place, keeping the sentences undisturbed for now.

Holding: The Court denied review of two Georgia death-penalty cases, leaving intact the Georgia Supreme Court’s affirmances that a death sentence based on multiple separately proved aggravating factors may stand even if one factor is vulnerable.

Real World Impact:

Leaves two Georgia death sentences in place by denying Supreme Court review.
Accepts Georgia’s practice of upholding death sentences when multiple aggravating factors were found.
Highlights disagreement among Justices over vacating or remanding these death sentences.

Topics: death penalty, capital sentencing, state court review, aggravating factors

Summary

Background

Two men sentenced to death in Georgia asked the U.S. Supreme Court to review the state courts’ decisions that upheld their sentences. The cases arose after this Court’s decision in Godfrey v. Georgia, which cast doubt on one type of statutory aggravating factor. In Georgia, each jury had found more than one aggravating factor — special reasons the law uses to allow a death sentence — and the state courts affirmed the death sentences on those multiple findings.

Reasoning

The central question was whether the Supreme Court would intervene and require Georgia to reexamine death sentences that rested on several aggravating factors when one factor was vulnerable under Godfrey. The Court declined to review these two cases, effectively leaving the Georgia Supreme Court’s rulings in place. Justice Stevens wrote separately to say he thinks Georgia’s approach — allowing a death sentence to stand when several aggravating factors were each proved beyond a reasonable doubt even if one is questionable — is consistent with this Court’s decisions.

Real world impact

Because the Supreme Court refused review, the Georgia decisions affirming the death sentences remain in effect for these defendants for now. The ruling leaves state courts’ capital sentencing procedures undisturbed and means similar Georgia death sentences will not be automatically reopened by this Court in these cases. The decision is procedural, not a final change to the law, and could be revisited in other cases.

Dissents or concurrances

Several Justices dissented: Brennan and Marshall would have overturned the sentences entirely, while Stewart and White would have vacated or sent the cases back for further consideration.