464 U.S. 1057 (1984)

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U.S. Supreme Court

YOUNG v. GEORGIA , 464 U.S. 1057 (1984)

464 U.S. 1057

Charlie YOUNG, Jr.
No. 83-5365

Supreme Court of the United States

January 9, 1984

On petition for writ of certiorari to the Supreme Court of Georgia.

The petition for writ of certiorari is denied.

Justice MARSHALL, with whom Justice BRENNAN joins, dissenting from denial of certiorari.

I dissent from the Court's denial of certiorari because it lets stand a ruling of the Georgia Supreme Court which violates the Double Jeopardy Clause of the Fifth Amendment as made applicable to the states through the Fourteenth Amendment, Benton v. Maryland, 395 U.S. 784, 794, 2062 (1969). Because of the Georgia Supreme Court's blatant misreading of a decision by the United States Court of Appeals which granted habeas corpus relief to the petitioner, he will again be subjected to the State's attempt to impose a death sentence upon him even though a federal district court has made an undisturbed ruling that a death sentence recommended by a jury was invalid due to insufficiency of the evidence.

In February 1976, the petitioner, Charlie Young, Jr., was convicted of murder, armed robbery and robbery by intimidation. At the sentencing phase of the trial, the jury condemned the petitioner to death after finding that the murder was accompanied by two statutorily defined aggravating circumstances: the murder was committed while the petitioner was engaged in the commission of another capital felony, Ga.Code 17-10- 30(b)(2),

Page 464 U.S. 1057 , 1058

and the petitioner committed the murder for the purpose of receiving money, id., (b)(4).1 The Supreme Court of Georgia affirmed the conviction and the sentence. Young v. State, 237 Ga. 852, 230 S.E.2d 287 (1976). Subsequently, the Supreme Court of Georgia affirmed a lower state court's denial of Young's application for habeas corpus relief. Young v. Ricketts, 242 Ga. 559, 250 S.E.2d 404 (1978), cert. denied sub nom. Young v. Zant, 442 U.S. 934 (1979).

Young then initiated habeas corpus proceedings in United States District Court for the Middle District of Georgia. The District Court rejected Young's challenge to the validity of his conviction but set aside his death sentence. Young v. Zant, 506 F.Supp. 274 (M.D.Ga.1980). The District Court's order was based upon two holdings. First, the court held that Young had been denied effective assistance of counsel at the sentencing stage of his trial, in violation of the Sixth and Fourteenth Amendments to the federal constitution. Id., at 278.2 Second, the District Court held that [464 U.S. 1057 , 1059]

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