Legal Opinion

Birt v. Hopper

Supreme Court of Georgia

Decided February 6, 1980No. 35268PublishedCited by 22 opinions

1Opinion of the Court

Hill, Justice.

Billy Sunday Birt was convicted of the burglary, armed robbery and murders of Mr. and Mrs. Reid Oliver Fleming, Sr. The evidence showed that the Flemings had been tortured and then strangled to death with coat hangers among other devices. Birt was sentenced to death for each of the murders and his death sentences were. upheld on direct appeal. Birt v. State, 236 Ga. 815 (225 SE2d 248) (1976), cert. den. 429 U. S. 1029 (1976).

After a new execution date was set, Birt filed a petition for a writ of habeas corpus on March 13,1978. On March 29, 1979, the habeas court granted Birt a…

2Cases cited12 opinions

  1. Powell v. AlabamaSupreme Court of the United States · 1932
  2. Pitts v. GlassSupreme Court of Georgia · 1974
  3. Birt v. StateSupreme Court of Georgia · 1976
  4. Jordan v. CaldwellSupreme Court of Georgia · 1972
  5. Allen v. StateSupreme Court of Georgia · 1975

7 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. Chancey v. StateSupreme Court of Georgia · 1986
  2. Billy Sunday Birt v. Charles N. Montgomery, Warden, Georgia State PrisonCourt of Appeals for the Eleventh Circuit · 1984
  3. Birt v. StateSupreme Court of Georgia · 1986
  4. Kilgore v. StateCourt of Appeals of Georgia · 2014
  5. Tyner v. StateSupreme Court of Georgia · 2011

17 more not listed; retrieve them via the Exa API.

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