Coker v. Georgia

433 U.S. 584 (1977)

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Nature of the Case

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Facts

Coker (D) was serving various sentences for murder, rape, kidnapping, and aggravated assault. D escaped and, in the course of committing an armed robbery and other offenses, raped an adult woman. D entered the house of Allen and Elnita Carver through an unlocked kitchen door. Threatening the couple with a 'board,' he tied up Mr. Carver in the bathroom, obtained a knife from the kitchen, and took Mr. Carver's money and the keys to the family car. Brandishing the knife D then raped Mrs. Carver. Soon thereafter, petitioner drove away in the Carver car, taking Mrs. Carver with him. Mr. Carver, freeing himself, notified the police; and not long thereafter petitioner was apprehended. Mrs. Carver was unharmed. D was convicted of rape, armed robbery, and the other offenses and sentenced to death on the rape charge, when the jury found two of the aggravating circumstances present for imposing such a sentence, viz., that the rape was committed (1) by a person with prior capital-felony convictions and (2) in the course of committing another capital felony, armed robbery. The jury was also instructed that even if aggravating circumstances were present, the death penalty need not be imposed if there were circumstances that may be considered as reducing the degree of moral culpability. The jury found both aggravating circumstances and sentenced D to death. Both the conviction and the sentence were affirmed by the Georgia Supreme Court. The Supreme Court granted certiorari.