charge on the affirmative defense in Georgia

12 Georgia opinions name it 2 courts 2003–2020 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 (10)

Case	Followed	Cited
Griffin v. Stategreen gactapp · 2003 · cited in 3 Georgia opinions naming this issue, 2006–2013 2 sentences 2006“A charge on the affirmative defense of accident is required only if there is evidence to support a finding that the defendant committed the acts which were the basis of the charge, but without any ‘criminal scheme or undertaking, intention, or criminal negligence. ’ ” (Citation omitted.) Griffin v. State, 262 Ga. App. 87, 89 (3) ( 585 SE2d 145 ) (2003). 2006“A charge on the affirmative defense of accident is required only if there is evidence to support a finding that the defendant committed the acts which were the basis of the charge, but without any ‘criminal scheme or undertaking, intention, or criminal negligence. ’ ” (Citation omitted.) Griffin v. State, 262 Ga. App. 87, 89 (3) ( 585 SE2d 145 ) (2003).	3	3
Ojemuyiwa v. Stategreen gactapp · 2007 · cited in 2 Georgia opinions naming this issue, 2018–2018 2 sentences 2018See Ojemuyiwa v. State , 285 Ga. App. 617 , 619-620 (1), 647 S.E.2d 598 (2007) ; see also Rutland v. State , 282 Ga. App. 728 , 729-730 (1), 639 S.E.2d 628 (2006). 2 3. 2018See Ojemuyiwa v. State , 285 Ga. App. 617 , 619-620 (1), 647 S.E.2d 598 (2007) ; see also Rutland v. State , 282 Ga. App. 728 , 729-730 (1), 639 S.E.2d 628 (2006). 2 3.	2	2
Rutland v. Stategreen gactapp · 2006 · cited in 2 Georgia opinions naming this issue, 2018–2018 2 sentences 2018See Ojemuyiwa v. State , 285 Ga. App. 617 , 619-620 (1), 647 S.E.2d 598 (2007) ; see also Rutland v. State , 282 Ga. App. 728 , 729-730 (1), 639 S.E.2d 628 (2006). 2 3. 2018See Ojemuyiwa v. State , 285 Ga. App. 617 , 619-620 (1), 647 S.E.2d 598 (2007) ; see also Rutland v. State , 282 Ga. App. 728 , 729-730 (1), 639 S.E.2d 628 (2006). 2 3.	2	2
Hamilton v. Stategreen ga · 1990 · cited in 2 Georgia opinions naming this issue, 2018–2018 2 sentences 2018See Hamilton v. State, 260 Ga. 3, 5 (5) ( 389 SE2d 225 ) (1990). 2018See Hamilton v. State, 260 Ga. 3, 5 (5) ( 389 SE2d 225 ) (1990).	2	2
Henry v. Stategreen ga · 2019 · cited in 1 Georgia opinions naming this issue, 2020–2020 1 sentence 2020See Henry v. State, 307 Ga. 140, 145 (2) (b) ( 834 SE2d 861 ) (2019). 3.	1	1
Harkins v. Stategreen gactapp · 2006 · cited in 1 Georgia opinions naming this issue, 2020–2020 2 sentences 2020In contrast, in Harkins v. State, 281 Ga. App. 512, 515-516 (2) ( 636 SE2d 698 ) (2006), which the state cites for the argument that the evidence in this case did not authorize a charge on the affirmative defense in OCGA § 16-13-32.4 (g), the defendant did not deny that drugs were sold at her residence but argued that she was not a part of the drug-selling enterprise that her boyfriend ran from the residence. 6 Because there was slight evidence supporting the affirmative defense requested by Pennington, the trial court erred in refusing to charge the jury on the defense. 2020In contrast, in Harkins v. State, 281 Ga. App. 512, 515-516 (2) ( 636 SE2d 698 ) (2006), which the state cites for the argument that the evidence in this case did not authorize a charge on the affirmative defense in OCGA § 16-13-32.4 (g), the defendant did not deny that drugs were sold at her residence but argued that she was not a part of the drug-selling enterprise that her boyfriend ran from the residence. 6 Because there was slight evidence supporting the affirmative defense requested by Pennington, the trial court erred in refusing to charge the jury on the defense.	1	1
Haynes v. Stategreen gactapp · 2006 · cited in 1 Georgia opinions naming this issue, 2013–2013 2 sentences 2013She argued that “this child was in the care and custody of Mr. Nunnally, that he snaps and 8 (Citation and punctuation omitted.) Griffin v. State, 262 Ga. App. 87, 88 (3) ( 585 SE2d 145 ) (2003). 9 Haynes v. State, 281 Ga. App. 81, 82 (2) (b) ( 635 SE2d 370 ) (2006). 2013She argued that “this child was in the care and custody of Mr. Nunnally, that he snaps and 8 (Citation and punctuation omitted.) Griffin v. State, 262 Ga. App. 87, 88 (3) ( 585 SE2d 145 ) (2003). 9 Haynes v. State, 281 Ga. App. 81, 82 (2) (b) ( 635 SE2d 370 ) (2006).	1	1
Hanifa v. Stategreen ga · 1998 · cited in 1 Georgia opinions naming this issue, 2010–2010 2 sentences 2010See Hanifa v. State, 269 Ga. 797, 806 (5) ( 505 SE2d 731 ) (1998). 2010See Hanifa v. State, 269 Ga. 797, 806 (5) ( 505 SE2d 731 ) (1998).	1	1
Griffeth v. Stategreen gactapp · 1997 · cited in 1 Georgia opinions naming this issue, 2003–2003 2 sentences 2003A charge on the affirmative defense of accident is required only if there is evidence to support a finding that the defendant committed the acts which were .the basis of the charge, but without any “criminal scheme or undertaking, intention, or criminal negligence.” (Punctuation omitted.) Griffeth v. State, 224 Ga. App. 462, 466 (5) ( 480 SE2d 889 ) (1997) (quoting OCGA § 16-2-2 2 ). 2003A charge on the affirmative defense of accident is required only if there is evidence to support a finding that the defendant committed the acts which were .the basis of the charge, but without any “criminal scheme or undertaking, intention, or criminal negligence.” (Punctuation omitted.) Griffeth v. State, 224 Ga. App. 462, 466 (5) ( 480 SE2d 889 ) (1997) (quoting OCGA § 16-2-2 2 ).	1	1
Fields v. Stategreen gactapp · 1983 · cited in 1 Georgia opinions naming this issue, 2003–2003 2 sentences 2003In essence, “an accident defense involves the lack of intent to do the act at all.” Fields v. State, 167 Ga. App. 816, 818 (3) ( 307 SE2d 712 ) (1983). 2003In essence, “an accident defense involves the lack of intent to do the act at all.” Fields v. State, 167 Ga. App. 816, 818 (3) ( 307 SE2d 712 ) (1983).	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 (3)

Case	Cited	Years
Brooks v. State green ga · 2007 2 sentences 2018However, "[i]t is the role of the jury to resolve conflicts in the evidence and to determine the credibility of witnesses, and the resolution of such conflicts adversely to the defendant does not 686 render the evidence insufficient." (Citation omitted.) Brooks v. State , 281 Ga. 514 , 516 (1), 640 S.E.2d 280 (2007). 2018However, "[i]t is the role of the jury to resolve conflicts in the evidence and to determine the credibility of witnesses, and the resolution of such conflicts adversely to the defendant does not 686 render the evidence insufficient." (Citation omitted.) Brooks v. State , 281 Ga. 514 , 516 (1), 640 S.E.2d 280 (2007).	1	2018–2018
Mangrum v. State green ga · 2009 1 sentence 2014Id.	1	2014–2014
Currier v. State green ga · 2014 2 sentences 2014Currier v. State, 294 Ga. 392 (2) ( 754 SE2d 17 ) (2014). 2014Currier v. State, 294 Ga. 392 (2) ( 754 SE2d 17 ) (2014).	1	2014–2014

Statutes the citing opinions construe

GA § 16-3-20 (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

NY 19 (1988–2024) GA 12 (2003–2020) NJ 2 (2016–2021)

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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