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25 Georgia opinions name it 2 courts 1974–2024 1 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.
| Case | Followed | Cited |
|---|---|---|
Bishop v. Stategreen2 sentences2019See Bishop v. State, 271 Ga. 291 (2) ( 519 SE2d 206 ) (1999) (“When a defendant raises an affirmative defense and offers evidence in support thereof, the [s]tate has the burden of disproving that defense beyond a reasonable doubt.”). 2019See Bishop v. State, 271 Ga. 291 (2) ( 519 SE2d 206 ) (1999) (“When a defendant raises an affirmative defense and offers evidence in support thereof, the [s]tate has the burden of disproving that defense beyond a reasonable doubt.”). | 5 | 9 |
State v. Royalgreen2 sentences2006See 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). | 3 | 9 |
Clark v. Stategreen2 sentences2024See OCGA §§ 16-3-20 to 16-3-28 (listing affirmative defenses); Wyman v. State, 278 Ga. 339, 340-341 (3) (602 SE2d 619) (2004) (voluntary manslaughter is not a defense to murder); cf. Clark v. State, 307 Ga. 537, 539-540 (1) (837 SE2d 265) (2019) (“When a defendant raises an affirmative defense that is supported by some evidence, the State has the burden of disproving that defense beyond a reasonable doubt.”). 2024See OCGA §§ 16-3-20 to 16-3-28 (listing affirmative defenses); Wyman v. State, 278 Ga. 339, 340-341 (3) ( 602 SE2d 619 ) (2004) (voluntary manslaughter is not a defense to murder); cf. Clark v. State, 307 Ga. 537, 539-540 (1) ( 837 SE2d 265 ) (2019) (“When a defendant raises an affirmative defense that is supported by some evidence, the State has the burden of disproving that defense beyond a reasonable doubt.”). | 1 | 1 |
Wyman v. Stategreen2 sentences2024See OCGA §§ 16-3-20 to 16-3-28 (listing affirmative defenses); Wyman v. State, 278 Ga. 339, 340-341 (3) (602 SE2d 619) (2004) (voluntary manslaughter is not a defense to murder); cf. Clark v. State, 307 Ga. 537, 539-540 (1) (837 SE2d 265) (2019) (“When a defendant raises an affirmative defense that is supported by some evidence, the State has the burden of disproving that defense beyond a reasonable doubt.”). 2024See OCGA §§ 16-3-20 to 16-3-28 (listing affirmative defenses); Wyman v. State, 278 Ga. 339, 340-341 (3) (602 SE2d 619) (2004) (voluntary manslaughter is not a defense to murder); cf. Clark v. State, 307 Ga. 537, 539-540 (1) (837 SE2d 265) (2019) (“When a defendant raises an affirmative defense that is supported by some evidence, the State has the burden of disproving that defense beyond a reasonable doubt.”). | 1 | 1 |
Bunn v. Stategreen1 sentence2019Accord Bunn v. State, 284 Ga 410, 413 (3) ( 667 SE2d 605 ) (2008). | 1 | 1 |
Griffin v. Stategreen2 sentences2008See, e.g., Griffin v. State, 267 Ga. 586 (1) ( 481 SE2d 223 ) (1997) (where a defendant raises an affirmative defense, the State has the burden to disprove the affirmative defense beyond a reasonable doubt). 2008See, e.g., Griffin v. State, 267 Ga. 586 (1) ( 481 SE2d 223 ) (1997) (where a defendant raises an affirmative defense, the State has the burden to disprove the affirmative defense beyond a reasonable doubt). | 1 | 1 |
Austin v. Stategreen2 sentences2002See 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 |
Herrmann v. Stategreen2 sentences1984That 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 |
Moore v. Stategreen2 sentences1977See Moore v. State, 137 Ga. App. 735, 736 ( 224 SE2d 856 ). 1977See Moore v. State, 137 Ga. App. 735, 736 ( 224 SE2d 856 ). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Jones v. State
green
2 sentences2017"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 |
State v. Shepperd
green
2 sentences1997Anderson v. State, 262 Ga. 7 (2) ( 413 SE2d 722 ) (1992); State v. Shepperd, 253 Ga. 321 ( 320 SE2d 154 ) (1984). 1997Anderson v. State, 262 Ga. 7 (2) ( 413 SE2d 722 ) (1992); State v. Shepperd, 253 Ga. 321 ( 320 SE2d 154 ) (1984). | 1 | 1997–1997 |
Anderson v. State
green
2 sentences1997Anderson v. State, 262 Ga. 7 (2) ( 413 SE2d 722 ) (1992); State v. Shepperd, 253 Ga. 321 ( 320 SE2d 154 ) (1984). 1997Anderson v. State, 262 Ga. 7 (2) ( 413 SE2d 722 ) (1992); State v. Shepperd, 253 Ga. 321 ( 320 SE2d 154 ) (1984). | 1 | 1997–1997 |
Coleman v. State
green
2 sentences1981Coleman v. State, 141 Ga. App. 193 (2) ( 233 SE2d 42 ) (1977). 1981Coleman v. State, 141 Ga. App. 193 (2) ( 233 SE2d 42 ) (1977). | 1 | 1981–1981 |
Grace v. Hopper
green
2 sentences1976In Grace v. Hopper, 234 Ga. 669, 671 , supra, again citing Mullaney and U. S. Supreme Court cases, it was stated: "These United States Supreme Court cases persuade us that in order to comport with due process the prosecution must carry the burden of proving all critical essential elements of the crime charged against a defendant." This clearly means that where a defendant raises an affirmative defense and offers evidence in support of it (which he must do in order to "raise" it), the burden is on the state to disprove it beyond a reasonable doubt. 1976In Grace v. Hopper, 234 Ga. 669, 671 , supra, again citing Mullaney and U. S. Supreme Court cases, it was stated: "These United States Supreme Court cases persuade us that in order to comport with due process the prosecution must carry the burden of proving all critical essential elements of the crime charged against a defendant.” This clearly means that where a defendant raises an affirmative defense and offers evidence in support of it (which he must do in order to "raise” it), the burden is on the state to disprove it beyond a reasonable doubt. | 1 | 1976–1976 |
Fisher v. State
green
2 sentences1974While language in charges similar to these quoted excerpts have been approved by this court (for instance see Fisher v. State, 228 Ga. 100 (2) ( 184 SE2d 156 ); Chandle v. State, 230 Ga. 574 (3) ( 198 SE2d 289 )), these instructions were not adjusted to the evidence in the present case. 1974While language in charges similar to these quoted excerpts have been approved by this court (for instance see Fisher v. State, 228 Ga. 100 (2) ( 184 SE2d 156 ); Chandle v. State, 230 Ga. 574 (3) ( 198 SE2d 289 )), these instructions were not adjusted to the evidence in the present case. | 1 | 1974–1974 |
Chandle v. State
green
2 sentences1974While language in charges similar to these quoted excerpts have been approved by this court (for instance see Fisher v. State, 228 Ga. 100 (2) ( 184 SE2d 156 ); Chandle v. State, 230 Ga. 574 (3) ( 198 SE2d 289 )), these instructions were not adjusted to the evidence in the present case. 1974While language in charges similar to these quoted excerpts have been approved by this court (for instance see Fisher v. State, 228 Ga. 100 (2) ( 184 SE2d 156 ); Chandle v. State, 230 Ga. 574 (3) ( 198 SE2d 289 )), these instructions were not adjusted to the evidence in the present case. | 1 | 1974–1974 |
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.
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.