Brown v. State, 478 S.E.2d 129 (Ga. 1996). · Go Syfert
Brown v. State, 478 S.E.2d 129 (Ga. 1996). Cases Citing This Book View Copy Cite
“an affirmative defense is a defense that admits the doing of the act charged but seeks to justify, excuse, or mitigate it. once the issue of an affirmative defense is raised, the burden is on the state to disprove it beyond a reasonable doubt.”
32 citation events (24 in the last 25 years) across 2 distinct courts.
Strongest positive: Bruscato v. O'BRIEN (gactapp, 2010-12-01)
Treatment trajectory · 1997 → 2026 · click a year to view as-of
1997 2011 2026
Top citers, strongest first. 8 distinct citers.
examined Cited as authority (quoted) Bruscato v. O'BRIEN (5×) also: Cited as authority (rule)
Ga. Ct. App. · 2010 · quote attribution · 2 verbatim quotes · confidence low
an affirmative defense is a defense that admits the doing of the act charged but seeks to justify, excuse or mitigate it.
examined Cited as authority (quoted) Frasier v. State (2×) also: Cited "see, e.g."
Ga. Ct. App. · 2009 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence low
an affirmative defense is a defense that admits the doing of the act charged but seeks to justify, excuse, or mitigate it. once the issue of an affirmative defense is raised, the burden is on the state to disprove it beyond a reasonable doubt.
discussed Cited as authority (rule) McClure v. State
Ga. · 2019 · confidence medium
Suggested Pattern Jury Instructions, Vol. II: Criminal Cases § 3.00.00 (4th ed., 2007, updated January 2019).18 Because the phrase “admits the doing of the act charged” can easily be misinterpreted, see Williams, 297 Ga. at 463 (2), wording more in line with our 522 (2) ( 783 SE2d 117 ) (2016) (“[I]f a defendant does not admit to committing any act which constitutes the offense charged, he is not entitled to a charge on the defense of accident.” (citation and punctuation omitted)); Smith v. State, 296 Ga. 116, 119-120 (2) ( 765 SE2d 328 ) (2014) (“[A]n affirmative defense of acciden…
discussed Cited as authority (rule) Code v. State
Ga. Ct. App. · 2002 · confidence medium
Andrews, P. J, and Phipps, J., concur. 1 Davis v. State, 244 Ga. App. 708, 709 (1) ( 536 SE2d 596 ) (2000). 2 Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 3 245 Ga. App. 807 ( 539 SE2d 184 ) (2000). 4 (Citation and punctuation omitted.) Early v. State, 218 Ga. App. 869, 871 (2) ( 463 SE2d 706 ) (1995). 5 Taylor v. State, 232 Ga. App. 825, 826 (4) ( 502 SE2d 540 ) (1998). 6 Plunkett v. State, 244 Ga. App. 504, 505 ( 535 SE2d 852 ) (2000). 7 See generally McKissic v. State, 201 Ga. App. 525 ( 411 SE2d 516 ) (1991). 8 Brown v. State, 267 Ga. 350, 351 ( 478 SE2d 129 ) (1996…
discussed Cited as authority (rule) Scott v. State
Ga. Ct. App. · 2001 · confidence medium
Andrews, P. J, and Eldridge, J., concur. 1 Alexis v. State, 273 Ga. 423, 426 (4) ( 541 SE2d 636 ) (2001). 2 See Brown v. State, 267 Ga. 350, 351 (2) ( 478 SE2d 129 ) (1996); see generally OCGA § 16-3-21. 3 Emerson v. State, 222 Ga. App. 596, 597 (2) (b) ( 474 SE2d 638 ) (1996). 4 262 Ga. 359 -360 (2) ( 418 SE2d 52 ) (1992). 5 We will address this enumeration although the record, which does include a copy of the federal indictment, does not contain a copy of the acquittal. 6 OCGA § 16-11-106 (b) (1). 7 See Torres v. State, 270 Ga. 79, 80 (1) ( 508 SE2d 171 ) (1998); Moser v. State, 246 Ga. Ap…
discussed Cited as authority (rule) Bacon v. State
Ga. Ct. App. · 2001 · confidence medium
Heifferon, Assistant District Attorneys, for appellee. 1 Co-defendant Darrell Jovan Sallie pled guilty to armed robbery on September 30, 1999, and co-defendant Malik Rashun Crawford pled guilty to theft by taking on September 26, 2000. 2 Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 3 McLeod v. State, 245 Ga. App. 668 -669 (1) ( 538 SE2d 759 ) (2000). 4 Foster v. State, 273 Ga. 34, 35 ( 537 SE2d 659 ) (2000). 5 Brown v. State, 267 Ga. 350, 351 (1) ( 478 SE2d 129 ) (1996). 6 Walton v. State, 242 Ga. App. 639, 641 ( 530 SE2d 531 ) (2000). 7 Conger v. State, 245 Ga. App. 39…
cited Cited as authority (rule) Taylor v. State
Ga. Ct. App. · 1998 · confidence medium
“Considered as a whole, the charge fully conveyed to the jury the state’s burden of disproving the affirmative defense of justification.” Brown v. State, 267 Ga. 350, 351 (2) ( 478 SE2d 129 ) (1996).
discussed Cited "see, e.g." Bell v. Smith (2×)
Ga. Ct. App. · 1997 · signal: compare · confidence medium
See Williams v. McCranie, 27 Ga. App. 693, 698-699 ( 109 SE 699 ) (1921); OCGA § 24-4-1; compare Brown v. State, 267 Ga. 350, 351 (2) ( 478 SE2d 129 ) (1996) (in criminal case, although justification is an affirmative defense, the State must disprove that defense).
Brown
v.
the State
S96A1378.
Supreme Court of Georgia.
Nov 25, 1996.
478 S.E.2d 129
Hagler, Hyles & Adams, Clark C. Adams, Jr., for appellant., J. Gray Conger, District Attorney, Melvin E. Hyde, Jr., Assistant District Attorney, Michael J. Bowers, Attorney General, Beth Attaway, Assistant Attorney General, for appellee.
Thompson.
Cited by 15 opinions  |  Published
2 passages pin-cited by 2 cases
Pinpoint authority: bottom 89%
Citer courts: Court of Appeals of Georgia (3)
Thompson, Justice.

John O. Brown was convicted by a jury of the malice murder of David McKenzie, and possession of a firearm during the commission of a crime. He appeals from the judgment of conviction and sentences entered thereon. [1]

Brown does not deny killing McKenzie, but claims that he did so in self-defense after McKenzie attempted to shoot him. Brown spent the night before the shooting at the home of Mary Nell Lamb. At approximately 8:00 a.m. the following morning, Lamb’s boyfriend, McKenzie, arrived and engaged in a discussion with Lamb in the doorway of her home. Lamb testified that she was having a calm discussion with McKenzie when Brown exited a bedroom, pushed her out of the way, and shot McKenzie in the shoulder. McKenzie, who was unarmed, fled from the apartment. Lamb attempted to prevent Brown from following in pursuit, but he pushed her to the floor and ran after McKenzie into the parking lot of the apartment complex, where gunshots were fired. Lamb’s cousin, who had also spent the night in the apartment, testified to the same sequence of events. Although neither Lamb nor her cousin witnessed what occurred in the parking lot, several neighbors did. Three eyewitnesses testified that they saw Brown standing over the victim shooting him as the victim lay on the pavement with his arms raised toward Brown.

Brown testified in his own defense that he came out of the bedroom after hearing McKenzie arguing with Lamb. When McKenzie reached for a pistol, Brown shot him in the shoulder. McKenzie ran into the parking lot where Brown fired two shots into his hand and then “finally had to shoot him in his head.”

1. The evidence was sufficient under the standard of Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979), to find Brown guilty of the crimes for which he was convicted.

2. While Brown contends that the trial court erred in failing to[*351] instruct the jury on the State’s burden to prove the absence of self-defense, this assertion is belied by the record. The trial court properly charged the jury regarding the State’s burden, as follows: “An affirmative defense is a defense that admits the doing of the act charged but seeks to justify, excuse, or mitigate it. Once the issue of an affirmative defense is raised, the burden is on the state to disprove it beyond a reasonable doubt.” The trial court then gave complete instructions on the legal principles of self-defense and justification, reiterating that the State has the burden of proving beyond a reasonable doubt that the defendant was not justified. Considered as a whole, the charge fully conveyed to the jury the state’s burden of disproving the affirmative defense of justification. See Stevens v. State, 267 Ga. 36 (4) (472 SE2d 426) (1996); Daniels v. State, 264 Ga. 259 (2) (443 SE2d 622) (1994).

Decided November 25, 1996. Hagler, Hyles & Adams, Clark C. Adams, Jr., for appellant. J. Gray Conger, District Attorney, Melvin E. Hyde, Jr., Assistant District Attorney, Michael J. Bowers, Attorney General, Beth Attaway, Assistant Attorney General, for appellee.

Judgment affirmed.

All the Justices concur.
1

The crimes occurred on August 15, 1995. Brown was indicted on December 19, 1995. Trial commenced on February 28, 1996, and he was found guilty of the charged offenses on the following day. He was sentenced on March 1, 1996 to life imprisonment plus five consecutive years. A motion for new trial was filed on March 14, 1996, and denied May 1, 1996. The case was docketed in this Court on May 22, 1996, and was submitted for decision on briefs on July 15, 1996.