Godfrey v. Georgia

446 U.S. 420 (1980)

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Nature of the Case

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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.