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6 Georgia opinions name it 1 courts 2010–2018 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.
| Case | Followed | Cited |
|---|---|---|
Seay v. Stategreen2 sentences2018Accordingly, Tarvestad does not support the proposition that a trial *285 court is required to charge on a lesser included offense, even in the absence of a request for such a charge. 11 See Seay v. State , 276 Ga. 139 , 140 (2), 576 S.E.2d 839 (2003) ("[a]bsent a written request for a charge on a lesser included offense, made at or before the close of the evidence, the failure to so charge is not error"). 2018Accordingly, Tarvestad does not support the proposition that a trial *285 court is required to charge on a lesser included offense, even in the absence of a request for such a charge. 11 See Seay v. State , 276 Ga. 139 , 140 (2), 576 S.E.2d 839 (2003) ("[a]bsent a written request for a charge on a lesser included offense, made at or before the close of the evidence, the failure to so charge is not error"). | 1 | 1 |
Hicks v. Stategreen2 sentences2018Hicks v. State , 287 Ga. 260 , 261-262 (2), 695 S.E.2d 195 (2010) ( "With a legal affirmative defense, the accused admits the elements of the crime, but seeks to justify, excuse, or mitigate by showing no criminal intent; all elements of the parts of the crime are admitted with the exception of the intent"); see also OCGA §§ 16-3-1 -16-3-40. 5 In reaching its conclusion that the indictment was not void, the trial court relied on its interpretation of the meaning of the exemptions based on the punctuation used in the statute. 2018Hicks v. State , 287 Ga. 260 , 261-262 (2), 695 S.E.2d 195 (2010) ( "With a legal affirmative defense, the accused admits the elements of the crime, but seeks to justify, excuse, or mitigate by showing no criminal intent; all elements of the parts of the crime are admitted with the exception of the intent"); see also OCGA §§ 16-3-1 -16-3-40. 5 In reaching its conclusion that the indictment was not void, the trial court relied on its interpretation of the meaning of the exemptions based on the punctuation used in the statute. | 1 | 1 |
Cunningham v. Stategreen2 sentences2016The 2 “One upon whom an illegal or unlawful arrest is being made has the right to resist the arrest with such force as is reasonably necessary to prevent the arrest.” Suggested Pattern Jury Instructions, Vol. II: Criminal Cases, 3.16.41 (4th ed., 2007, updated July 2015), citing Brooks v. State, 206 Ga. App. 485 ( 425 SE2d 911 ) (1992); Ronemous v. State, 87 Ga. App. 588 ( 74 SE2d 676 ) (1953); and Smith v. State, 84 Ga. App. 79 ( 65 SE2d 709 ) (1951). 3 See Slip Op. at 10, quoting Suggested Pattern Jury Instructions, Vol. II: Criminal Cases, 3.16.40 (4th ed., 2007, updated July 2015), citing 2016The 2 “One upon whom an illegal or unlawful arrest is being made has the right to resist the arrest with such force as is reasonably necessary to prevent the arrest.” Suggested Pattern Jury Instructions, Vol. II: Criminal Cases, 3.16.41 (4th ed., 2007, updated July 2015), citing Brooks v. State, 206 Ga. App. 485 ( 425 SE2d 911 ) (1992); Ronemous v. State, 87 Ga. App. 588 ( 74 SE2d 676 ) (1953); and Smith v. State, 84 Ga. App. 79 ( 65 SE2d 709 ) (1951). 3 See Slip Op. at 10, quoting Suggested Pattern Jury Instructions, Vol. II: Criminal Cases, 3.16.40 (4th ed., 2007, updated July 2015), citing | 1 | 1 |
Long v. Stategreen1 sentence2016The 2 “One upon whom an illegal or unlawful arrest is being made has the right to resist the arrest with such force as is reasonably necessary to prevent the arrest.” Suggested Pattern Jury Instructions, Vol. II: Criminal Cases, 3.16.41 (4th ed., 2007, updated July 2015), citing Brooks v. State, 206 Ga. App. 485 ( 425 SE2d 911 ) (1992); Ronemous v. State, 87 Ga. App. 588 ( 74 SE2d 676 ) (1953); and Smith v. State, 84 Ga. App. 79 ( 65 SE2d 709 ) (1951). 3 See Slip Op. at 10, quoting Suggested Pattern Jury Instructions, Vol. II: Criminal Cases, 3.16.40 (4th ed., 2007, updated July 2015), citing | 1 | 1 |
Martin v. Stategreen2 sentences2010“In order for a defendant to have a legal affirmative defense, he must admit the elements of the crime, but seek to justify, excuse or mitigate the offense by showing there was no criminal intent.” (Footnote omitted.) Martin v. State, 300 Ga. App. 419, 421 (4) ( 685 SE2d 399 ) (2009). 2010“In order for a defendant to have a legal affirmative defense, he must admit the elements of the crime, but seek to justify, excuse or mitigate the offense by showing there was no criminal intent.” (Footnote omitted.) Martin v. State, 300 Ga. App. 419, 421 (4) ( 685 SE2d 399 ) (2009). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Tarvestad v. State
green
2 sentences2013In her argument, Isenhower relies on Tarvestad v. State, 261 Ga. 605 ( 409 SE2d 513 ) (1991), in which our Supreme Court found that the defendant was justified in driving without a license because he was taking his pregnant wife to the doctor after the doctor had told him to do so and had instructed that his wife not drive. 2013In her argument, Isenhower relies on Tarvestad v. State, 261 Ga. 605 ( 409 SE2d 513 ) (1991), in which our Supreme Court found that the defendant was justified in driving without a license because he was taking his pregnant wife to the doctor after the doctor had told him to do so and had instructed that his wife not drive. | 2 | 2013–2013 |
Brower v. State
green
2 sentences2013“With a legal affirmative defense, the accused admits the elements of the crime, but seeks to justify, excuse, or mitigate by showing no criminal intent[.]” (Citation and punctuation omitted.) Id. 2013“With a legal affirmative defense, the accused admits the elements of the crime, but seeks to justify, excuse, or mitigate by showing no criminal intent[.]” (Citation and punctuation omitted.) Id. | 2 | 2013–2013 |
MCCLURE v. the STATE.
green
1 sentence2018McClure v. State , 347 Ga. App. 68 , 70 (2), 815 S.E.2d 313 (2018) (citation and punctuation omitted). *247 A claim that the State has proved only a lesser included offense of the charged crime, however, does not constitute a legal affirmative defense. | 1 | 2018–2018 |
Webb v. State
green
2 sentences2016The 2 “One upon whom an illegal or unlawful arrest is being made has the right to resist the arrest with such force as is reasonably necessary to prevent the arrest.” Suggested Pattern Jury Instructions, Vol. II: Criminal Cases, 3.16.41 (4th ed., 2007, updated July 2015), citing Brooks v. State, 206 Ga. App. 485 ( 425 SE2d 911 ) (1992); Ronemous v. State, 87 Ga. App. 588 ( 74 SE2d 676 ) (1953); and Smith v. State, 84 Ga. App. 79 ( 65 SE2d 709 ) (1951). 3 See Slip Op. at 10, quoting Suggested Pattern Jury Instructions, Vol. II: Criminal Cases, 3.16.40 (4th ed., 2007, updated July 2015), citing 2016The 2 “One upon whom an illegal or unlawful arrest is being made has the right to resist the arrest with such force as is reasonably necessary to prevent the arrest.” Suggested Pattern Jury Instructions, Vol. II: Criminal Cases, 3.16.41 (4th ed., 2007, updated July 2015), citing Brooks v. State, 206 Ga. App. 485 ( 425 SE2d 911 ) (1992); Ronemous v. State, 87 Ga. App. 588 ( 74 SE2d 676 ) (1953); and Smith v. State, 84 Ga. App. 79 ( 65 SE2d 709 ) (1951). 3 See Slip Op. at 10, quoting Suggested Pattern Jury Instructions, Vol. II: Criminal Cases, 3.16.40 (4th ed., 2007, updated July 2015), citing | 1 | 2016–2016 |
Brooks v. State
green
2 sentences2016The 2 “One upon whom an illegal or unlawful arrest is being made has the right to resist the arrest with such force as is reasonably necessary to prevent the arrest.” Suggested Pattern Jury Instructions, Vol. II: Criminal Cases, 3.16.41 (4th ed., 2007, updated July 2015), citing Brooks v. State, 206 Ga. App. 485 ( 425 SE2d 911 ) (1992); Ronemous v. State, 87 Ga. App. 588 ( 74 SE2d 676 ) (1953); and Smith v. State, 84 Ga. App. 79 ( 65 SE2d 709 ) (1951). 3 See Slip Op. at 10, quoting Suggested Pattern Jury Instructions, Vol. II: Criminal Cases, 3.16.40 (4th ed., 2007, updated July 2015), citing 2016The 2 “One upon whom an illegal or unlawful arrest is being made has the right to resist the arrest with such force as is reasonably necessary to prevent the arrest.” Suggested Pattern Jury Instructions, Vol. II: Criminal Cases, 3.16.41 (4th ed., 2007, updated July 2015), citing Brooks v. State, 206 Ga. App. 485 ( 425 SE2d 911 ) (1992); Ronemous v. State, 87 Ga. App. 588 ( 74 SE2d 676 ) (1953); and Smith v. State, 84 Ga. App. 79 ( 65 SE2d 709 ) (1951). 3 See Slip Op. at 10, quoting Suggested Pattern Jury Instructions, Vol. II: Criminal Cases, 3.16.40 (4th ed., 2007, updated July 2015), citing | 1 | 2016–2016 |
Ronemous v. State
green
2 sentences2016The 2 “One upon whom an illegal or unlawful arrest is being made has the right to resist the arrest with such force as is reasonably necessary to prevent the arrest.” Suggested Pattern Jury Instructions, Vol. II: Criminal Cases, 3.16.41 (4th ed., 2007, updated July 2015), citing Brooks v. State, 206 Ga. App. 485 ( 425 SE2d 911 ) (1992); Ronemous v. State, 87 Ga. App. 588 ( 74 SE2d 676 ) (1953); and Smith v. State, 84 Ga. App. 79 ( 65 SE2d 709 ) (1951). 3 See Slip Op. at 10, quoting Suggested Pattern Jury Instructions, Vol. II: Criminal Cases, 3.16.40 (4th ed., 2007, updated July 2015), citing 2016The 2 “One upon whom an illegal or unlawful arrest is being made has the right to resist the arrest with such force as is reasonably necessary to prevent the arrest.” Suggested Pattern Jury Instructions, Vol. II: Criminal Cases, 3.16.41 (4th ed., 2007, updated July 2015), citing Brooks v. State, 206 Ga. App. 485 ( 425 SE2d 911 ) (1992); Ronemous v. State, 87 Ga. App. 588 ( 74 SE2d 676 ) (1953); and Smith v. State, 84 Ga. App. 79 ( 65 SE2d 709 ) (1951). 3 See Slip Op. at 10, quoting Suggested Pattern Jury Instructions, Vol. II: Criminal Cases, 3.16.40 (4th ed., 2007, updated July 2015), citing | 1 | 2016–2016 |
Smith v. State
green
2 sentences2016The 2 “One upon whom an illegal or unlawful arrest is being made has the right to resist the arrest with such force as is reasonably necessary to prevent the arrest.” Suggested Pattern Jury Instructions, Vol. II: Criminal Cases, 3.16.41 (4th ed., 2007, updated July 2015), citing Brooks v. State, 206 Ga. App. 485 ( 425 SE2d 911 ) (1992); Ronemous v. State, 87 Ga. App. 588 ( 74 SE2d 676 ) (1953); and Smith v. State, 84 Ga. App. 79 ( 65 SE2d 709 ) (1951). 3 See Slip Op. at 10, quoting Suggested Pattern Jury Instructions, Vol. II: Criminal Cases, 3.16.40 (4th ed., 2007, updated July 2015), citing 2016The 2 “One upon whom an illegal or unlawful arrest is being made has the right to resist the arrest with such force as is reasonably necessary to prevent the arrest.” Suggested Pattern Jury Instructions, Vol. II: Criminal Cases, 3.16.41 (4th ed., 2007, updated July 2015), citing Brooks v. State, 206 Ga. App. 485 ( 425 SE2d 911 ) (1992); Ronemous v. State, 87 Ga. App. 588 ( 74 SE2d 676 ) (1953); and Smith v. State, 84 Ga. App. 79 ( 65 SE2d 709 ) (1951). 3 See Slip Op. at 10, quoting Suggested Pattern Jury Instructions, Vol. II: Criminal Cases, 3.16.40 (4th ed., 2007, updated July 2015), citing | 1 | 2016–2016 |
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.