Brooks v. State
Supreme Court of Georgia
1Opinion of the Court
Hunt, Justice.
Brooks’ 1977 malice murder conviction and death sentence were vacated on the appeal of his petition for federal habeas corpus in 1987 by the Eleventh Circuit due to a burden-shifting charge. (His convictions for rape, armed robbery and kidnapping were not vacated.) Brooks v. Kemp, 762 F2d 1383 (11th Cir. 1985) (en banc), reaff’d on remand, Brooks v. Kemp, 809 F2d 700 (11th Cir. 1987) (en banc). Upon retrial in 1991 at a changed venue, the jury found Brooks guilty of murder and that the murder was committed while he was engaged in the commission of rape, OCGA § 17-10-30 (b) (2),…
2Cases cited10 opinions
- Jackson v. VirginiaSupreme Court of the United States · 1979
- Neil v. BiggersSupreme Court of the United States · 1972
- Crawford v. StateSupreme Court of Georgia · 1980
- Brooks v. StateSupreme Court of Georgia · 1979
- Jones v. StateSupreme Court of Georgia · 1988
5 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Davis v. StateSupreme Court of Georgia · 1998
- Riley v. StateSupreme Court of Georgia · 2004
- Waugh v. StateSupreme Court of Georgia · 1993
- Johnson v. StateSupreme Court of Georgia · 2014
- Reddick v. StateCourt of Appeals of Georgia · 2003
10 more not listed; retrieve them via the Exa API.