State to disprove defense in Georgia

26 Georgia opinions name it 2 courts 1981–2017 0 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 (11)

Case	Followed	Cited
State v. Royalgreen ga · 1981 · cited in 9 Georgia opinions naming this issue, 1981–2006 2 sentences 2006See also State v. Royal, 247 Ga. 309 -310 ( 275 SE2d 646 ) (1981) (“[w]here a defendant raises an affirmative defense and testifies to the same, the burden is on the State to disprove the defense beyond a reasonable doubt”) (citations omitted). 2006See also State v. Royal, 247 Ga. 309 -310 ( 275 SE2d 646 ) (1981) (“[w]here a defendant raises an affirmative defense and testifies to the same, the burden is on the State to disprove the defense beyond a reasonable doubt”) (citations omitted).	4	9
Andrews v. Stategreen ga · 1997 · cited in 5 Georgia opinions naming this issue, 1997–2001 2 sentences 1999“When a defendant presents evidence that he was justified in using deadly force, the burden is on the State to disprove the defense beyond a reasonable doubt.” Andrews v. State, 267 Ga. 473, 474 (1) ( 480 SE2d 29 ) (1997). “[A] person is justified in using force which is intended or likely to cause . . . great bodily harm only if he reasonably believes that such force is necessary to prevent death or great bodily injury to himself.” OCGA § 16-3-21 (a). 1999“When a defendant presents evidence that he was justified in using deadly force, the burden is on the State to disprove the defense beyond a reasonable doubt.” Andrews v. State, 267 Ga. 473, 474 (1) ( 480 SE2d 29 ) (1997). “[A] person is justified in using force which is intended or likely to cause . . . great bodily harm only if he reasonably believes that such force is necessary to prevent death or great bodily injury to himself.” OCGA § 16-3-21 (a).	3	5
Manning v. Stategreen gactapp · 1998 · cited in 2 Georgia opinions naming this issue, 2000–2001 2 sentences 2001Hamilton v. State, 243 Ga. App. 10, 11 ( 532 SE2d 118 ) (2000); Manning v. State, 231 Ga. App. 584, 585 (3) ( 499 SE2d 650 ) (1998). 2001Hamilton v. State, 243 Ga. App. 10, 11 ( 532 SE2d 118 ) (2000); Manning v. State, 231 Ga. App. 584, 585 (3) ( 499 SE2d 650 ) (1998).	2	2
Coleman v. Stategreen gactapp · 1977 · cited in 2 Georgia opinions naming this issue, 1981–1989 2 sentences 1989Coleman v. State, 141 Ga. App. 193, 194 (2) ( 233 SE2d 42 ) (1977). 138 "[W]here the informer is a witness or participant [in the alleged crime], a request for disclosure requires the trial court to balance the benefits of disclosure to the defendant against the resulting harm to the government. 1989Coleman v. State, 141 Ga. App. 193, 194 (2) ( 233 SE2d 42 ) (1977). 138 "[W]here the informer is a witness or participant [in the alleged crime], a request for disclosure requires the trial court to balance the benefits of disclosure to the defendant against the resulting harm to the government.	1	2
Burchett v. Stategreen gactapp · 2007 · cited in 1 Georgia opinions naming this issue, 2011–2011 2 sentences 2011See generally Burchett v. State, 283 Ga. App. 271, 273 (2) ( 641 SE2d 262 ) (2007) (once evidence of an affirmative defense is presented, “it then [is] incumbent upon the State to disprove the defense beyond a reasonable doubt”). 2011See generally Burchett v. State, 283 Ga. App. 271, 273 (2) ( 641 SE2d 262 ) (2007) (once evidence of an affirmative defense is presented, “it then [is] incumbent upon the State to disprove the defense beyond a reasonable doubt”).	1	1
Austin v. Stategreen gactapp · 1995 · cited in 1 Georgia opinions naming this issue, 2002–2002 2 sentences 2002See Austin v. State, 218 Ga. App. 90, 91 (2) ( 460 SE2d 310 ) (1995) (“where a defendant raises an affirmative defense of justification and testifies to the same, the burden is on the State to disprove the defense beyond a reasonable doubt”) (citation and punctuation omitted). 2002See Austin v. State, 218 Ga. App. 90, 91 (2) ( 460 SE2d 310 ) (1995) (“where a defendant raises an affirmative defense of justification and testifies to the same, the burden is on the State to disprove the defense beyond a reasonable doubt”) (citation and punctuation omitted).	1	1
Hamilton v. Stategreen gactapp · 2000 · cited in 1 Georgia opinions naming this issue, 2001–2001 2 sentences 2001Hamilton v. State, 243 Ga. App. 10, 11 ( 532 SE2d 118 ) (2000); Manning v. State, 231 Ga. App. 584, 585 (3) ( 499 SE2d 650 ) (1998). 2001Hamilton v. State, 243 Ga. App. 10, 11 ( 532 SE2d 118 ) (2000); Manning v. State, 231 Ga. App. 584, 585 (3) ( 499 SE2d 650 ) (1998).	1	1
Young v. Stategreen gactapp · 1997 · cited in 1 Georgia opinions naming this issue, 1999–1999 2 sentences 1999“Whether or not the circumstances of the case are such that they would excite the fears of a reasonable man to the point that he felt it necessary to use deadly force is a question for the jury.” Young v. State, 229 Ga. App. 497, 499 ( 494 SE2d 226 ) (1997). 1999“Whether or not the circumstances of the case are such that they would excite the fears of a reasonable man to the point that he felt it necessary to use deadly force is a question for the jury.” Young v. State, 229 Ga. App. 497, 499 ( 494 SE2d 226 ) (1997).	1	1
Brooks v. Stategreen gactapp · 1997 · cited in 1 Georgia opinions naming this issue, 1998–1998 2 sentences 1998If the defendant presents a prima facie case of entrapment, the burden shifts to the State to disprove the defense beyond a reasonable doubt as one of the elements of the crime.” (Citations and punctuation omitted.) Brooks v. State, 224 Ga. App. 829, 830 (1) ( 482 SE2d 725 ) (1997). 1998If the defendant presents a prima facie case of entrapment, the burden shifts to the State to disprove the defense beyond a reasonable doubt as one of the elements of the crime.” (Citations and punctuation omitted.) Brooks v. State, 224 Ga. App. 829, 830 (1) ( 482 SE2d 725 ) (1997).	1	1
Marshall v. Stategreen gactapp · 1977 · cited in 1 Georgia opinions naming this issue, 1989–1989 2 sentences 1989Thus, although the evidence did not demand a finding of entrapment, a question of fact was presented for determination by the jury, see State v. Royal, 247 Ga. 309 ( 275 SE2d 646 ) (1981); see also Marshall v. State, 143 Ga. App. 249, 251-253 (1) ( 237 SE2d 709 ) (1977), and the burden was on the State to disprove the defense beyond a reasonable doubt. 1989Thus, although the evidence did not demand a finding of entrapment, a question of fact was presented for determination by the jury, see State v. Royal, 247 Ga. 309 ( 275 SE2d 646 ) (1981); see also Marshall v. State, 143 Ga. App. 249, 251-253 (1) ( 237 SE2d 709 ) (1977), and the burden was on the State to disprove the defense beyond a reasonable doubt.	1	1
Herrmann v. Stategreen ga · 1975 · cited in 1 Georgia opinions naming this issue, 1984–1984 2 sentences 1984That is not to say, however, that this principle (or any other principle of law) must in every case be given in charge under pain of reversal. "[I]t is no longer necessary to give the exact language of requests to charge when the same principles are fairly given to the jury in the general charge of the court." Herrmann v. State, 235 Ga. 400, 402 ( 220 SE2d 2 ) (1975). 1984That is not to say, however, that this principle (or any other principle of law) must in every case be given in charge under pain of reversal. "[I]t is no longer necessary to give the exact language of requests to charge when the same principles are fairly given to the jury in the general charge of the court." Herrmann v. State, 235 Ga. 400, 402 ( 220 SE2d 2 ) (1975).	1	1

Distinguished, questioned or overruled (0)

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

Also cited on this issue (7)

Case	Cited	Years
Jones v. State green gactapp · 1981 2 sentences 2017"Where a defendant raises an affirmative defense and testifies to the same, the burden is on the State to disprove the defense beyond a reasonable doubt." Jones v. State , 160 Ga.App. 209 , 209-210 (2), 286 S.E.2d 764 (1981) (citation and punctuation omitted). 2017"Where a defendant raises an affirmative defense and testifies to the same, the burden is on the State to disprove the defense beyond a reasonable doubt." Jones v. State , 160 Ga.App. 209 , 209-210 (2), 286 S.E.2d 764 (1981) (citation and punctuation omitted).	2	1984–2017
May v. State green gactapp · 1986 1 sentence 2007Id.	1	2007–2007
Diaz v. State green ga · 1999 2 sentences 2001Diaz v. State, 270 Ga. 421 -422 ( 510 SE2d 529 ) (1999). 2001Diaz v. State, 270 Ga. 421 -422 ( 510 SE2d 529 ) (1999).	1	2001–2001
Coleman v. State green ga · 1994 2 sentences 1997Anderson v. State, 262 Ga. 7 (2) ( 413 SE2d 722 ) (1992), overruled on other grounds in Coleman v. State, 264 Ga. 253 (3) ( 443 SE2d 626 ) (1994). 1997Anderson v. State, 262 Ga. 7 (2) ( 413 SE2d 722 ) (1992), overruled on other grounds in Coleman v. State, 264 Ga. 253 (3) ( 443 SE2d 626 ) (1994).	1	1997–1997
Wagner v. State green gactapp · 1996 1 sentence 1997Id. at 72 .	1	1997–1997
Anderson v. State green ga · 1992 2 sentences 1997Anderson v. State, 262 Ga. 7 (2) ( 413 SE2d 722 ) (1992), overruled on other grounds in Coleman v. State, 264 Ga. 253 (3) ( 443 SE2d 626 ) (1994). 1997Anderson v. State, 262 Ga. 7 (2) ( 413 SE2d 722 ) (1992), overruled on other grounds in Coleman v. State, 264 Ga. 253 (3) ( 443 SE2d 626 ) (1994).	1	1997–1997
Walden v. State green ga · 1983 2 sentences 1986Walden v. State, 251 Ga. 505 (3) ( 307 SE2d 474 ) (1983). 1986Walden v. State, 251 Ga. 505 (3) ( 307 SE2d 474 ) (1983).	1	1986–1986

Statutes the citing opinions construe

GA § 16-3-21 (10) GA § 16-5-2 (5) GA § 16-13-30 (3) GA § 16-3-25 (3)

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.

Where else courts name it

TX 49 (1991–2025) GA 26 (1981–2017) IL 17 (1989–2026) FL 10 (1991–2018) CT 6 (1993–2020) WA 6 (2013–2021) MN 6 (1991–2024) IA 5 (1973–2019) NJ 4 (1994–2019) WI 4 (1993–2025) IN 4 (2005–2024) UT 3 (2011–2018) HI 3 (1998–2020) OR 2 (2024–2024) ME 2 (1983–1994)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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