section 16-3-23 defense of habitation (Georgia) · Go Syfert
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section 16-3-23 defense of habitation in Georgia

11 Georgia opinions name it 2 courts 2005–2025 3 in the last five years

The cases below were cited by Georgia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (7)

CaseFollowedCited
Benham v. Stategreen
ga · 2004 · cited in 3 Georgia opinions naming this issue, 2005–2021
2 sentences

2005The criminal defendant must overcome the strong presumption that trial counsel's conduct falls within the broad range of reasonable professional conduct. [Cit.] The trial court's findings with respect to effective assistance of counsel will be affirmed unless clearly erroneous. [Cit.] Domingues v. State, 277 Ga. 373, 374 (2), 589 S.E.2d 102 (2003). (a) Trial counsel asserted the defenses of justification, OCGA §§ 16-3-20(1); 16-3-21(a), and use of force in defense of real property other than habitation, [1] OCGA § 16-3-24. [2] Relying on Benham v. State, 277 Ga. 516 , 591 S.E.2d 824 (2004), Pa

2005The criminal defendant must overcome the strong presumption that trial counsel's conduct falls within the broad range of reasonable professional conduct. [Cit.] The trial court's findings with respect to effective assistance of counsel will be affirmed unless clearly erroneous. [Cit.] Domingues v. State, 277 Ga. 373, 374 (2), 589 S.E.2d 102 (2003). (a) Trial counsel asserted the defenses of justification, OCGA §§ 16-3-20(1); 16-3-21(a), and use of force in defense of real property other than habitation, [1] OCGA § 16-3-24. [2] Relying on Benham v. State, 277 Ga. 516 , 591 S.E.2d 824 (2004), Pa

23
Coleman v. Stategreen
ga · 2009 · cited in 2 Georgia opinions naming this issue, 2011–2025
2 sentences

2025However, “[c]ritical to the application of the defense of 20 habitation is the moment in time at which the defendant resorts to deadly force and the act being performed by the victim at that moment.” Coleman v. State, 286 Ga. 291, 298 (6) (687 SE2d 427) (2009).

2025However, “[c]ritical to the application of the defense of 20 habitation is the moment in time at which the defendant resorts to deadly force and the act being performed by the victim at that moment.” Coleman v. State, 286 Ga. 291, 298 (6) (687 SE2d 427) (2009).

22
Hicks v. Stategreen
ga · 2010 · cited in 2 Georgia opinions naming this issue, 2017–2017
2 sentences

2017See Hicks v. State, 287 Ga. 260, 262 ( 695 SE2d 195 ) (2010) (“It is not error to refuse a justification charge where there is no evidence to support it.”). 2 3.

2017See Hicks v. State, 287 Ga. 260, 262 ( 695 SE2d 195 ) (2010) (“It is not error to refuse a justification charge where there is no evidence to support it.”). 2 3.

22
State v. Newmangreen
ga · 2019 · cited in 1 Georgia opinions naming this issue, 2020–2020
1 sentence

2020See Newman I, supra, 305 Ga. at 797-798 (2) (a).

11
James v. Stategreen
ga · 2002 · cited in 1 Georgia opinions naming this issue, 2012–2012
2 sentences

2012See James v. State, 275 Ga. 387, 389 (6) ( 565 SE2d 802 ) (2002).

2012See James v. State, 275 Ga. 387, 389 (6) ( 565 SE2d 802 ) (2002).

11
Lewis v. Stategreen
gactapp · 2008 · cited in 1 Georgia opinions naming this issue, 2011–2011
2 sentences

2011While slight evidence will support the giving of a jury instruction, Lewis v. State, 292 Ga. App. 257, 264 (2) ( 663 SE2d 721 ) (2008), there was no evidence in this case to support an instruction on defense of habitation pursuant to OCGA § 16-3-23.

2011While slight evidence will support the giving of a jury instruction, Lewis v. State, 292 Ga. App. 257, 264 (2) ( 663 SE2d 721 ) (2008), there was no evidence in this case to support an instruction on defense of habitation pursuant to OCGA § 16-3-23.

11
Domingues v. Stategreen
ga · 2003 · cited in 1 Georgia opinions naming this issue, 2005–2005
2 sentences

2005The criminal defendant must overcome the strong presumption that trial counsel's conduct falls within the broad range of reasonable professional conduct. [Cit.] The trial court's findings with respect to effective assistance of counsel will be affirmed unless clearly erroneous. [Cit.] Domingues v. State, 277 Ga. 373, 374 (2), 589 S.E.2d 102 (2003). (a) Trial counsel asserted the defenses of justification, OCGA §§ 16-3-20(1); 16-3-21(a), and use of force in defense of real property other than habitation, [1] OCGA § 16-3-24. [2] Relying on Benham v. State, 277 Ga. 516 , 591 S.E.2d 824 (2004), Pa

2005The criminal defendant must overcome the strong presumption that trial counsel's conduct falls within the broad range of reasonable professional conduct. [Cit.] The trial court's findings with respect to effective assistance of counsel will be affirmed unless clearly erroneous. [Cit.] Domingues v. State, 277 Ga. 373, 374 (2), 589 S.E.2d 102 (2003). (a) Trial counsel asserted the defenses of justification, OCGA §§ 16-3-20(1); 16-3-21(a), and use of force in defense of real property other than habitation, [1] OCGA § 16-3-24. [2] Relying on Benham v. State, 277 Ga. 516 , 591 S.E.2d 824 (2004), Pa

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Strickland v. Washington green
scotus · 1984
2 sentences

2019Yet trial counsel failed to do so here, and even admitted at Swanson's hearing on a motion for new trial that he did not request such a charge because at that time, he "did not know about" the statute defining "habitation" to mean a "motor vehicle"; that he "didn't realize" that "habitation was expanded to the point of dealing with a car"; and that "[i]t did not appear to" him "that use of force and defense of habitation applied." 5 And although decisions of counsel made based on a misunderstanding of the law are not automatically deficient, see State v. Patel , 280 Ga. 181 , 182-183, 626 S.E.

2019Yet trial counsel failed to do so here, and even admitted at Swanson's hearing on a motion for new trial that he did not request such a charge because at that time, he "did not know about" the statute defining "habitation" to mean a "motor vehicle"; that he "didn't realize" that "habitation was expanded to the point of dealing with a car"; and that "[i]t did not appear to" him "that use of force and defense of habitation applied." 5 And although decisions of counsel made based on a misunderstanding of the law are not automatically deficient, see State v. Patel , 280 Ga. 181 , 182-183, 626 S.E.

32011–2019
Johnson v. State green
ga · 2010
2 sentences

2019Yet trial counsel failed to do so here, and even admitted at Swanson's hearing on a motion for new trial that he did not request such a charge because at that time, he "did not know about" the statute defining "habitation" to mean a "motor vehicle"; that he "didn't realize" that "habitation was expanded to the point of dealing with a car"; and that "[i]t did not appear to" him "that use of force and defense of habitation applied." 5 And although decisions of counsel made based on a misunderstanding of the law are not automatically deficient, see State v. Patel , 280 Ga. 181 , 182-183, 626 S.E.

2019Yet trial counsel failed to do so here, and even admitted at Swanson's hearing on a motion for new trial that he did not request such a charge because at that time, he "did not know about" the statute defining "habitation" to mean a "motor vehicle"; that he "didn't realize" that "habitation was expanded to the point of dealing with a car"; and that "[i]t did not appear to" him "that use of force and defense of habitation applied." 5 And although decisions of counsel made based on a misunderstanding of the law are not automatically deficient, see State v. Patel , 280 Ga. 181 , 182-183, 626 S.E.

12019–2019
Shields v. State green
gactapp · 2011
2 sentences

2019Yet trial counsel failed to do so here, and even admitted at Swanson's hearing on a motion for new trial that he did not request such a charge because at that time, he "did not know about" the statute defining "habitation" to mean a "motor vehicle"; that he "didn't realize" that "habitation was expanded to the point of dealing with a car"; and that "[i]t did not appear to" him "that use of force and defense of habitation applied." 5 And although decisions of counsel made based on a misunderstanding of the law are not automatically deficient, see State v. Patel , 280 Ga. 181 , 182-183, 626 S.E.

2019Yet trial counsel failed to do so here, and even admitted at Swanson's hearing on a motion for new trial that he did not request such a charge because at that time, he "did not know about" the statute defining "habitation" to mean a "motor vehicle"; that he "didn't realize" that "habitation was expanded to the point of dealing with a car"; and that "[i]t did not appear to" him "that use of force and defense of habitation applied." 5 And although decisions of counsel made based on a misunderstanding of the law are not automatically deficient, see State v. Patel , 280 Ga. 181 , 182-183, 626 S.E.

12019–2019
State v. Patel green
ga · 2006
2 sentences

2019Yet trial counsel failed to do so here, and even admitted at Swanson's hearing on a motion for new trial that he did not request such a charge because at that time, he "did not know about" the statute defining "habitation" to mean a "motor vehicle"; that he "didn't realize" that "habitation was expanded to the point of dealing with a car"; and that "[i]t did not appear to" him "that use of force and defense of habitation applied." 5 And although decisions of counsel made based on a misunderstanding of the law are not automatically deficient, see State v. Patel , 280 Ga. 181 , 182-183, 626 S.E.

2019Yet trial counsel failed to do so here, and even admitted at Swanson's hearing on a motion for new trial that he did not request such a charge because at that time, he "did not know about" the statute defining "habitation" to mean a "motor vehicle"; that he "didn't realize" that "habitation was expanded to the point of dealing with a car"; and that "[i]t did not appear to" him "that use of force and defense of habitation applied." 5 And although decisions of counsel made based on a misunderstanding of the law are not automatically deficient, see State v. Patel , 280 Ga. 181 , 182-183, 626 S.E.

12019–2019

Statutes the citing opinions construe

GA § 16-3-23 (11) GA § 16-3-24.1 (8) GA § 16-3-21 (7) GA § 17-8-58 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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