# Opposition — Gates v. Zant > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385009_0304%3A2 ## Record - **Collection:** Supreme Court brief - **Document type:** Opposition - **Published:** January 1, 1983 - **Citation:** 463 U.S. 1213 ## Text — . N THE erpporsme 7 —_— . mune rast ere Cramnre SUPREME LCUUR'] : THE wi 1 El STATES + me * Be t) T me rt iM, ivai wy ; .¥ . _, ¥. . . . '. — MHNNY EE ATE , - Petiti ner, ont we — WAL. GEN is > A i " : , sr < 7." ‘ . ? ‘ aarr “7 * : mT rs mn bof ‘ 4 : ‘ ? responcent , ‘ ] . , ; ‘ ‘ 7 ; ‘ . BUT ’ BRIEF } THE RESPONDENT TI?* ITIOR ff i . ’ : | i ‘ a __ . er naan ‘i, +o r " , . ; ine espondce i cre iD e-styiec action, »y ana tnroucgn >> " “tone rr " 7 , . ‘ ‘ ne At rney Genera for the Stat« eOrgia, respectfu J " ™ - *h > *> > : y . - 4 ~~ reques na lls F seny the petitioc for writ of rtiorari tale Tas 4 y Qe > *> as . > he CS se . icn sé Ss rev + 1e rdcer } 1 Superior 5urt of sjutts CO ~* _— raia lieanvine Dati & 4 sy * - ~ses = f . . invy, 2B! ying 1tione! eviction rawri ) habeas corpus. rnis roer is contained in Appendix B of the I TABLE OF AUTHORITIES CASES CoKxer Gates PART ONE STATEMENT OF THE CASE Johnny Lee Gates, th County during November, 19 murder of Katrina G. Wright Appellant was found guilty for the murder and twenty (R. 31-34). Motion for New Appeal was filed April 19, Court affirmed the convicti e Petitioner, was indicted in Muscogee - Following a jury trial, ull counts and sentenced to death years each for rape and armed robbery. 2s denied and a Notice of 1979. R. 48). The Georgia Supreme ns and sentence including the death sentence in Gates v. State, 244 Ga. 586 (1979) Certiorari was jenied March 1? 980 by th rt i ates v. Georgia, U.S (1980) (No 1-5959 he etrir er thereafter filed a peti- tion for writ of habeas corpus which was denied on January 16, 1981. Thereafter the Georgia Supreme surt denied the Petitioner' timely aipplicati mn fOr pr ‘ : ippeal!l Ms. Katrina Wright, a ‘ : woman, moved t tr it states with her ! ba , ‘ t pr r to her murde T 249) sregory Wright, a serviceman i the rmy, had been stationed at Fort Benning only twelve days befor the crimes occurred. (T. 240, 241). At approximately 1: P.M. on the afternoon of Tuesday, November 30, 1976, Petitioner went ¢t the apartment of Katrina and Gregory Wright at 7030 Broadway, Fountain Court Apartments. (?. 242, 309, 399). Petitioner posed as an employee from the gas company in order to scan the apartment for a robbery. (iF. Jee 400). As a coincidence, Kat earlier for service and know rina had called the gas company ingly let Appellant into her apartment. [e. Beers Katrina gave Petitioner a can of oil to fix the fan on the heater. (T. 400). Petitioner pretended to oil the heater then informed Katrina he was there to rob her. (T. 400). Petitioner admitted in a confession that he gagged and tied up Katrina’s hands and face with neckties and bathrobe belt (T. 400). Petitioner then raped Katrina and robbed her of $500.00 cash. (T. 400). Petitioner stated that he carried a gun. (T. 399, 400). After the rape and robbery, Petitioner Started to leave and Katrina said she would identify hin. (T. 400 Petitioner became frichtened. Petitioner stated, “I was walking past her, so I shot her in the right side of the head.” (T. 400 Petitioner ran out of the apartment and returned the .32 caliber pistol t¢t his friend, James Taylor. (T. 399, 401). Petitioner admitted that ‘ a t rom Taylor in order t robberies 499 Gregory Wright arrived home at 1:24 P.M. and found his wife lying on the floor with a gunshot wound in her head. (T. 246, 253). Black neckties were tied around Katrina‘s mouth, her face and nose, and her eyes. (T. 246). Katrina was lying face up with her hands tied behind her back very tightly with a belt. (T. 246, 247, 252). Blood surrounded the victim's head. (T. 246, 247). The contents of Katrina's purse had been poured out and her panties were hanging on a cord. (T. 246, 247, 253). The sheets were pulled from the mattress and $480.00 of cash, which had been hidden in the mattress,’ was missing. (T. 245, 247). Wright ran to a nearby pay telephone and called the police. (T. 247, 248). Officers George Keller, Peter Quasda and Carolyn Hall of the Columbus Police Department, responded to the call. They also observed Katrina bound with neckties and a bullet wound in her head. (T. 256-262, 272-279). Some areas were dusted for fingerprints, however none significant were found at that time. (T. 260, 264, 266). o3}- | On January 30, 1977, Petitioner confessed to the killing of another girl and was then questioned about Katrina. (T. 377, 338). Petitioner made an oral and written statement as t the robbery, rape and murder of Kat: T. 338-344, 394, 39 Officers Ronald Lynn and C. E. Hillhouse interviewed Petitioner. (T. 392, 399, 400). Lynn and Hillhouse testified that Petitione was given his Miranda rights before he signed a waiver and con- fession. (T. 342, 386, 393). On the afternoon of January 31, Petitioner was taken back to the scene of the crime, where he explained to officers his actions in the crimes. 7. 333- SA3)« Petitioner was aca advised of his rights and the confession was videotaped Officer Ronald Lowrance. That same afternoon Officer Eddie Florence found Petitioner's fingerprints located on the ver of the heater in a closet at the Wright's apartment. (T. 436- 438, 454, 460). The fingerprints were still remaining as a result of the oil from the fingerprints crystalizing on the heater. Tr. 456). The court ruled Petitioner's written ar Videotaped statements to be admissible. The statements were mace freely and voluntarily with complete understanding by Petitioner. (T. 379-383). On the witness stand, Petitioner stated that he was threa and refused an attorney. (T. 369, 371, 374). Officers Hillhous and Lynn testified that no threats or promises were made and tha Petitioner did not request an attorney. (T. 376, 377, 397). Pe tioner said in his statement that Katrina offered him sex inste: of money and that she gave Petitioner money when he pulled out his gun. (T. 400). Petitioner stated Katrina gave him $200.00 from the stereo player. (T. 400). Gregory testified that all « the cash was hidden under the bed. (T. 255). > ened Donald L. Hudgins, a tenant in Fountain Court Apartments ? testified that at approximately 12:09 noo: n the day of the murder, Petitioner came ¢t \ls door, sing as a gas mpany mp loyes 1 309-311 Petitioner did not enter Hudgins’ partment, but , ¥ 4 WwW * ‘ > . » " ‘ ar + Py. Jal Hudgins iter entif ti bs poll ne uD. T 2 = 16 , 3 Petiti ney start > ‘ 7 Hi 7 b ‘ : [ ‘ that Hudcgi was tne : ne Apt befor wing to the Wright ‘s apartment , 5 ‘ MiKi oUuMma, ’ ‘ i r >» Katri " ori . > autopsy I i2 29 r. ~ sei i that tile sp was : . 1 . . i i; : ’ ‘ SsexUa s . ‘Ss A ’ sr ¢ 4 " ia t ns | . ; > t : | : ’ wy s 1 ° uurse. 299, ) : w bry : . . ‘ " . ¥ " :utops t t , 284 webt j shot wou i the ri t t w! t t bra t (T. 285) . c e' ‘ ; tr ~ re | 4 REASONSFOR NOT GRANTING THE WRIT THE NOT SENTENCE IN Thi s C PETITIONER'S VIOLATED surt CONSTITUTIONAL RIGHTS WERE BY THE IMPOSITION OF THE DEATH THE INSTANT CA has upheld the death penalty statute. Gregg v. Georgia, 428 U.S. 153 (19/6). It is undisputed that the jury found three aggravating circum- stances in the instant ise. Thes¢« agagravating circumstances were (1) that the offenss« f murder was ymmi t te while the offender was engaged in the commission of another capital felony, to-wit irmed bbery y the offense of murder was mmi tte whi the tft ler was ¢« aged in the cons of another apita f« , to-wit rape and | that th offense of murder was trage pAy r wantonly le, horrible Or inhuma 1 that iat i ed depra ty cf mind to the ti (T. 614). The Georgia ipreme rt f i that the trial court erroneously applied the aggravati ircumstances of “depravity ff mind ¢t the ictim” but pheilid the death sentence as the jury had found the ther tw remainin sogravating circumstances. The trial court during the sentencing phase of the trial had instructed the jury in part ‘as follows: "Now, ladies and gentlemen, you may con- sider ne or all three of those aggravating Circumstances if you find beyond a reasonable doubt do exist.” > hey In the instant petition, the Petitioner relies upon the case of Strombera v. California, 83 U.S. 359 (1931). The Peti- tioner’s argument under Stromberaq is that if a ury has been instructed to consider several possible ground for a verd t ind ne f these« rr j ire ! tuti il, the verdict should be et aSice if the find) tne jury ild have be« based upon the ur nstitut il a titutional grounds be used in that the factual patterns are distinct. In the instar case, there were instructions t the jury that the finding of me agagravatingcir imsta e was sufficient for the infliction t the iea Pena + ; . . _ the record below how that nee the first aggravating irc tance wa found by the jury, the jury was entitled ¢t ré nend the death penalty. Further, it iS apparent that ¢t i ision fF thi erroneous aggravating ircumstar ila not have harmed the Petitioner at all. Indeed, it i lear that by |! ising the victim, the trial rt in eff t ude it 1 ft Lt for the F t recommend the deat naity. Therefore, given the indisoutec existence of two aggravatlr Circumstances found by the jury to exist beyond a reasonable : jeath penalty is unconstitutional are without merit THE PETITIONER'S C 58. RIGHTS WERE NOT DE REQUIREMENTS UNDER ANN . §$38-B801(d) R TENDER OF WIT FEES WITH Under the an individual testimony of his own witnesses in a constituti al provision is limited pr eedi s, and ther ' specifi requirement for mpu | procs ceedings. It has lon and nsist that habeas corpus is not a criminal]! 225 Ga 529 (1969); Krist sl owe Further, the Petit er had sliternative methods of pr evi aS Oral testimony, and sworn affida constitutional right t iue process Also, it is apparent from the has not shown that he was in any wa of Ga. Code Ann. § 38-801(d) Theref e, the Petitioner's a without merit ONSTITUTIONAL VIED BY THE CODE MILEAGE S SUBPOENA. the United States lsory proces to obt rimina trial Howe -Orresponding ns r witnesses in L' t] been recoaunized proceeding. Ker » 230 Ga. 336 ry) (1 under Georacia be f ore the its. As such, the |! has not been petition that the |! harmed by the restr llegations in violatec this re 3) & n ¢ er ti lara +} ita ie tr ; ir , " l decline Johnny } 32 40 Atlanta, (404) For t Le Please se DAVIS State Capito nll of the oO grant the pe ° ate rve: HEWITT Judicial Blda l Square, WwW. Georgia 10334 5 6 56- ; ; ; CONC LU foregoin cTY _ Vw iVUN j reasons, this Court should for writ of certiorari filed by we t illy sub itted, MICHAEL J. BOWERS Attorney Genera] SERT S. STUBBS, II x Iti ‘ Assi stant -* ’ ey ener il NA _ . t —_ Vg \’ \ . fr ’ ’ ~~. i r . | MARI )N ‘ . ,ORD VO I, Respondent Court of t¢t with the r have this Brief for depositing with prope Will herein, he | | v day Resp thi r ad ndent in Oppositior S$ day a Pp" f same iress and adequate p CERTIFICATE lam Davis Hewitt, At ind a Member of Imited Stat« here of the Supreme served i true and Ronnie K. 4179 Memoria) -10- { F SERVICE srney of Recor the Bar of the Yr? ‘ > F a? , ‘ | ,i¢t ’ rect Do yr ft the Petit the United sta there .) 2 a Feq PP. : ia b32 2 AM DA\ H i for the Supreme nm at yrrdance c+ ‘ c T | — i ne tore ing loner by States Mail, to ' , \ " 5 tT --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385009_0304%3A2. Public record. Not legal advice.