instruction on an affirmative defense in Georgia

8 Georgia opinions name it 1 courts 1982–2011 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 (8)

Case	Followed	Cited
Sapp v. Stategreen gactapp · 1986 · cited in 3 Georgia opinions naming this issue, 1999–1999 2 sentences 1999“When there is a timely written request for an instruction on an affirmative defense that is supported by evidence, it is reversible error to fail to give the instruction, whether verbatim or in substance.” (Punctuation omitted.) Sapp v. State, 179 Ga. App. 614, 615 (2) ( 347 SE2d 354 ) (1986). 1999“When there is a timely written request for an instruction on an affirmative defense that is supported by evidence, it is reversible error to fail to give the instruction, whether verbatim or in substance.” (Punctuation omitted.) Sapp v. State, 179 Ga. App. 614, 615 (2) ( 347 SE2d 354 ) (1986).	3	3
Davis v. Stategreen ga · 1998 · cited in 2 Georgia opinions naming this issue, 1999–1999 2 sentences 1999“Whether the evidence presented is sufficient to authorize the giving of a charge is a question of law.” (Citation omitted.) Davis v. State, 269 Ga. 276, 279 (3) ( 496 SE2d 699 ) (1998). 1999“Whether the evidence presented is sufficient to authorize the giving of a charge is a question of law.” (Citation omitted.) Davis v. State, 269 Ga. 276, 279 (3) ( 496 SE2d 699 ) (1998).	2	2
Sanford v. Stategreen ga · 2009 · cited in 1 Georgia opinions naming this issue, 2011–2011 2 sentences 2011See Sanford v. State, 284 Ga. 785, 788 (3) ( 671 SE2d 820 ) (2009) (a jury charge must be supported by the evidence); Campbell v. State, 281 Ga. App. 503 (1) ( 636 SE2d 687 ) (2006) (“It is reversible error to fail to give an instruction on an affirmative defense supported by the evidence.”) (citation omitted). 2011See Sanford v. State, 284 Ga. 785, 788 (3) ( 671 SE2d 820 ) (2009) (a jury charge must be supported by the evidence); Campbell v. State, 281 Ga. App. 503 (1) ( 636 SE2d 687 ) (2006) (“It is reversible error to fail to give an instruction on an affirmative defense supported by the evidence.”) (citation omitted).	1	1
Campbell v. Stategreen gactapp · 2006 · cited in 1 Georgia opinions naming this issue, 2011–2011 2 sentences 2011See Sanford v. State, 284 Ga. 785, 788 (3) ( 671 SE2d 820 ) (2009) (a jury charge must be supported by the evidence); Campbell v. State, 281 Ga. App. 503 (1) ( 636 SE2d 687 ) (2006) (“It is reversible error to fail to give an instruction on an affirmative defense supported by the evidence.”) (citation omitted). 2011See Sanford v. State, 284 Ga. 785, 788 (3) ( 671 SE2d 820 ) (2009) (a jury charge must be supported by the evidence); Campbell v. State, 281 Ga. App. 503 (1) ( 636 SE2d 687 ) (2006) (“It is reversible error to fail to give an instruction on an affirmative defense supported by the evidence.”) (citation omitted).	1	1
Logan v. Stategreen gactapp · 2011 · cited in 1 Georgia opinions naming this issue, 2011–2011 2 sentences 2011“Entrapment is an affirmative defense that is established by showing that (1) the idea for the crime originated with the State agent; (2) the defendant was induced by the agent’s undue persuasion, incitement, or deceit; and (3) the defendant was not predisposed to commit the crime.” Logan v. State, 309 Ga. App. 95, 97 (1) (a) ( 709 SE2d 302 ) (2011). 2011“Entrapment is an affirmative defense that is established by showing that (1) the idea for the crime originated with the State agent; (2) the defendant was induced by the agent’s undue persuasion, incitement, or deceit; and (3) the defendant was not predisposed to commit the crime.” Logan v. State, 309 Ga. App. 95, 97 (1) (a) ( 709 SE2d 302 ) (2011).	1	1
Hinton v. Stategreen gactapp · 1999 · cited in 1 Georgia opinions naming this issue, 2006–2006 2 sentences 2006Hinton v. State, 236 Ga. App. 140, 141 ( 511 SE2d 547 ) (1999). 2006Hinton v. State, 236 Ga. App. 140, 141 ( 511 SE2d 547 ) (1999).	1	1
Taylor v. Stategreen gactapp · 1982 · cited in 1 Georgia opinions naming this issue, 1986–1986 2 sentences 1986When there is a timely written request for an instruction on an affirmative defense that is supported by evidence, it is reversible error to fail to give the instruction, whether verbatim or in substance. [Cits.]” Taylor v. State, 164 Ga. App. 660, 661-62 ( 297 SE2d 755 ) (1982). 1986When there is a timely written request for an instruction on an affirmative defense that is supported by evidence, it is reversible error to fail to give the instruction, whether verbatim or in substance. [Cits.]” Taylor v. State, 164 Ga. App. 660, 661-62 ( 297 SE2d 755 ) (1982).	1	1
DeBerry v. Stategreen ga · 1978 · cited in 1 Georgia opinions naming this issue, 1982–1982 2 sentences 1982High v. State, 153 Ga. App. 729 ( 266 SE2d 364 ) (1980); Facison v. State, 152 Ga. App. 645 (2) ( 263 SE2d 523 ) (1979); compare DeBerry v. State, 241 Ga. 204 ( 243 SE2d 864 ) (1978). 1982High v. State, 153 Ga. App. 729 ( 266 SE2d 364 ) (1980); Facison v. State, 152 Ga. App. 645 (2) ( 263 SE2d 523 ) (1979); compare DeBerry v. State, 241 Ga. 204 ( 243 SE2d 864 ) (1978).	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 (4)

Case	Cited	Years
Lavender v. State green ga · 1975 2 sentences 1982As to the second prong of appellant’s contention, it is the law in Georgia that the trial court is obligated, with or without a request, to give an instruction on an affirmative defense raised by the evidence (including the defendant’s own statements); the affirmative defense need not be specifically charged, however, “if the case as a whole is fairly presented to the jury.” Booker v. State, 247 Ga. 74 ( 274 SE2d 334 ) (1981); Lavender v. State, 234 Ga. 608 ( 216 SE2d 855 ) (1975). 1982As to the second prong of appellant’s contention, it is the law in Georgia that the trial court is obligated, with or without a request, to give an instruction on an affirmative defense raised by the evidence (including the defendant’s own statements); the affirmative defense need not be specifically charged, however, “if the case as a whole is fairly presented to the jury.” Booker v. State, 247 Ga. 74 ( 274 SE2d 334 ) (1981); Lavender v. State, 234 Ga. 608 ( 216 SE2d 855 ) (1975).	1	1982–1982
Facison v. State green gactapp · 1979 2 sentences 1982High v. State, 153 Ga. App. 729 ( 266 SE2d 364 ) (1980); Facison v. State, 152 Ga. App. 645 (2) ( 263 SE2d 523 ) (1979); compare DeBerry v. State, 241 Ga. 204 ( 243 SE2d 864 ) (1978). 1982High v. State, 153 Ga. App. 729 ( 266 SE2d 364 ) (1980); Facison v. State, 152 Ga. App. 645 (2) ( 263 SE2d 523 ) (1979); compare DeBerry v. State, 241 Ga. 204 ( 243 SE2d 864 ) (1978).	1	1982–1982
High v. State green gactapp · 1980 2 sentences 1982High v. State, 153 Ga. App. 729 ( 266 SE2d 364 ) (1980); Facison v. State, 152 Ga. App. 645 (2) ( 263 SE2d 523 ) (1979); compare DeBerry v. State, 241 Ga. 204 ( 243 SE2d 864 ) (1978). 1982High v. State, 153 Ga. App. 729 ( 266 SE2d 364 ) (1980); Facison v. State, 152 Ga. App. 645 (2) ( 263 SE2d 523 ) (1979); compare DeBerry v. State, 241 Ga. 204 ( 243 SE2d 864 ) (1978).	1	1982–1982
Booker v. State green ga · 1981 2 sentences 1982As to the second prong of appellant’s contention, it is the law in Georgia that the trial court is obligated, with or without a request, to give an instruction on an affirmative defense raised by the evidence (including the defendant’s own statements); the affirmative defense need not be specifically charged, however, “if the case as a whole is fairly presented to the jury.” Booker v. State, 247 Ga. 74 ( 274 SE2d 334 ) (1981); Lavender v. State, 234 Ga. 608 ( 216 SE2d 855 ) (1975). 1982As to the second prong of appellant’s contention, it is the law in Georgia that the trial court is obligated, with or without a request, to give an instruction on an affirmative defense raised by the evidence (including the defendant’s own statements); the affirmative defense need not be specifically charged, however, “if the case as a whole is fairly presented to the jury.” Booker v. State, 247 Ga. 74 ( 274 SE2d 334 ) (1981); Lavender v. State, 234 Ga. 608 ( 216 SE2d 855 ) (1975).	1	1982–1982

Where else courts name it

IL 9 (1975–2026) GA 8 (1982–2011) CO 8 (1995–2026) OH 7 (2000–2026) WA 6 (2014–2023) NM 3 (2000–2023) CA 3 (1979–2021) MO 3 (1972–2002) TX 2 (2010–2010) MI 2 (2014–2015)

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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