Presnell v. Georgia

Petitioner was indicted and found guilty by a jury of three capital offenses — rape, kidnaping with bodily injury, and murder with malice aforethought. Under Georgia law, a jury may impose the death penalty if it finds that the offender committed a capital felony under at least 1 of 10 statutorily enumerated aggravating circumstances. Ga. Code § 27-2534.1 (b) (1975). The only such circumstance relevant here is that

“[t]he [capital] offense . . . was committed while the offender was engaged in the commission of another capital felony . . . §27-2534.1 (b)(2).

At the penalty phase of petitioner’s…