Furman v. Georgia 1972
| Author | Daniel Brannen, Richard Hanes, Elizabeth Shaw |
| Pages | 260-264 |
Page 260
Appellant: William Henry Furman
Appellee: State of Georgia
Appellant's Claim: That the Georgia death penalty was cruel and unusual punishment under the Eight and Fourteenth Amendments.
Chief Lawyer for Appellant: Anthony G. Amsterdam
Chief Lawyer for Appellee: Dorothy T. Beasley, Assistant Attorney General of Georgia
Justices for the Court: William J. Brennan, Jr., William O. Douglas, Thurgood Marshall, Potter Stewart, Byron R. White
Justices Dissenting: Harry A. Blackmun, Warren E. Burger, Lewis F. Powell, Jr., William H. Rehnquist
Date of Decision: June 29, 1972
Decision: Georgia's death penalty statute was unconstitutional.
Significance: Furman said death penalty laws that allow random, racial results are unconstitutional.
On the night of August 11, 1967, 29-year-old William Joseph Micke, Jr., came home from work to his wife and five children in Savannah, Georgia. He went to bed around midnight. Two hours later, the Mickes were awakened by strange noises in the kitchen. Thinking that one of his children was sleepwalking, William Micke went to the kitchen to investigate.
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Micke found 26-year-old William Henry Furman in the kitchen. Furman was a poor, uneducated, mentally ill African American who had broken into the house and was carrying a gun. When he saw Micke, Furman fled the house, shooting Micke as he left. The bullet hit Micke in the chest, killing him instantly.
Micke's family immediately called the police. Within minutes, the police searched the neighborhood and found Furman still carrying his gun. Furman was charged with murder. Before Furman's trial, the court committed Furman to the Georgia Central State Hospital for psychological examination. After studying Furman, the hospital decided he was mentally ill and psychotic.
Furman's trial was on September 20, 1968. Because he was poor, Furman got a poor man's trial. His court-appointed lawyer, B. Clarence Mayfield, received the regular court-approved fee of just $150. Furman testified in his own defense. He said that when Micke caught him in the kitchen, he started to leave the house backwards and tripped over a wire. When Furman tripped, the gun fired. Furman said he did not mean to kill anyone.
Although murder cases can be complicated, Furman's trial lasted just one day. The court rejected Furman's insanity plea and the jury found Furman guilty of murder. Although the evidence suggested Furman killed Micke accidentally, the jury sentenced Furman to death.
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