CopyCited 29 times | Published | Supreme Court of Georgia | Dec 14, 2021
CopyCited 14 times | Published | Supreme Court of Georgia | Nov 2, 2020 | 310 Ga. 345
...When the person claiming immunity uses
force intended or likely to cause death or great bodily harm, that
10 OCGA §
16-3-24.2 also provides that a person who uses threats or force
in defense of habitation under OCGA §
16-3-23, in defense of property other
than habitation under OCGA §
16-3-24, or under OCGA §
16-3-23.1 (no duty
to retreat) is immune from prosecution....
...with OCGA §
16-3-21 such that they should be granted immunity
from prosecution. To qualify for immunity, the deputies were
required by OCGA §
16-3-24.2 to show that they “use[d] threats or
force in accordance with Code Section
16-3-21,
16-3-23,
16-3-23.1, or
16-3-24[.]”
However, our review of the trial court’s immunity order leads
us to conclude that, in making its determination, the trial court
conflated principles found in OCGA §
16-3-20 (2)15 and (4),16 which
are not refe...
CopyCited 13 times | Published | Supreme Court of Georgia | Feb 6, 2024 | 318 Ga. 393
CopyCited 13 times | Published | Supreme Court of Georgia | Jul 7, 2021 | 312 Ga. 149
...necessary to prevent death or
great bodily injury to himself[.]” Id. In defending himself, he “has no
duty to retreat and has the right to stand his . . . ground and use
force as provided in [OCGA §
16-3-21], including deadly force.”
OCGA §
16-3-23.1....
...Appellant argues, however, that the trial court’s repeated
21
references to his failure to retreat undermine its denial of his motion
for immunity by showing that the court improperly relied on
Appellant’s failure to retreat. Although OCGA §
16-3-23.1 “clearly
provides that a person who is authorized to use force to defend
himself is under no obligation to retreat, regardless of whether
retreating may have been a more reasonable option,” Arnold, 302
Ga....
CopyCited 12 times | Published | Supreme Court of Georgia | May 17, 2021 | 311 Ga. 757
...homicide where the danger apprehended is not urgent
and pressing, or apparently so, at the time of the killing.
(Citations and punctuation omitted; emphasis in original.) Carter v.
State,
285 Ga. 565, 566 (2) (678 SE2d 909) (2009); see also OCGA §§
16-3-21,
16-3-23.1; Rammage v....
...video recordings of the incident, which also fail to support a claim
that Varner was the aggressor at the time of the shooting. No
evidence supports Redding’s claim that Varner was the aggressor,
and he therefore was not entitled to a jury instruction under OCGA
§
16-3-23.1.
This Court further held in Hoffler that even assuming that
some evidence existed that Hoffler was not the original aggressor,
reversal was not required because his “defense of self-defense was
fairly presented to the jury, an...
CopyCited 11 times | Published | Supreme Court of Georgia | Aug 21, 2023 | 317 Ga. 127
...punctuation omitted)). Thus, this claim fails.
3. Whittaker contends that the trial court erred by failing to
instruct the jury that he had no duty to retreat before using deadly
13
force in self-defense. See OCGA §
16-3-23.1.5 Because he did not
object to the trial court’s failure to give this instruction, he must
show that the omission amounted to plain error....
CopyCited 10 times | Published | Supreme Court of Georgia | Aug 21, 2023 | 317 Ga. 189
CopyCited 8 times | Published | Supreme Court of Georgia | Jun 1, 2022 | 313 Ga. 859
...or to
prevent the commission of a forcible felony.
Finally,
[a] person who uses threats or force in accordance with
Code Section
16-3-21 . . . has no duty to retreat and has
the right to stand his . . . ground and use force as provided
in said Code section[ ], including deadly force.
OCGA §
16-3-23.1.
With regard to the timing of Gude’s motion, as we have
previously discussed,
[a]lthough nothing in the language of OCGA §
16-3-24.2
requires an immunity motion to be filed pretrial, such
motions are general...
CopyCited 7 times | Published | Supreme Court of Georgia | Oct 11, 2023
... instructed the jury on justification, self-defense, “stand your
ground,” and defense of habitation. See OCGA §
16-3-21 (a) (“A
person is justified in . . . using force against another when . . .
necessary to defend himself or herself or a third person. . . .”);14
OCGA §
16-3-23.1 (providing that a person who used force “in
defense of self or others” or “in defense of a habitation ....
...death or great bodily harm only if he or she reasonably believes
that such force is necessary to prevent death or great bodily injury
to himself or herself or a third person or to prevent the commission
of a forcible felony.
15 OCGA §
16-3-23.1 says in full:
A person who uses threats or force in accordance with Code
Section
16-3-21, relating to the use of force in defense of self or
others, Code Section
16-3-23, relating to the use of force in defense...
...the defense team did not feel “comfort” in Priester testifying.
Priester has not shown that this was unreasonable trial strategy,
19 OCGA §
16-3-24.2 says: “A person who uses threats or force in
accordance with Code Section
16-3-21,
16-3-23,
16-3-23.1, or
16-3-24 shall be
immune from criminal prosecution therefor unless in the use of deadly force,
such person utilizes a weapon the carrying or possession of which is unlawful
by such person under Part 2 of Article 4 of Chapter 11 of this t...
CopyCited 6 times | Published | Supreme Court of Georgia | Mar 4, 2025
CopyCited 5 times | Published | Supreme Court of Georgia | Jan 28, 2025 | 321 Ga. 73
...failed to consider and rule on his claim that he was acting in defense
of habitation. The record does not support this claim of error.
4 OCGA §
16-3-24.2 provides:
A person who uses threats or force in accordance with Code
Section
16-3-20,
16-3-21,
16-3-23,
16-3-23.1,
16-3-24, or
17-4-20
shall be immune from criminal prosecution therefor unless in the
use of deadly force, such person utilizes a weapon the carrying or
possession of which is unlawful by such person under Part 2 of
Arti...
CopyCited 5 times | Published | Supreme Court of Georgia | Dec 19, 2023
...To authorize a jury instruction,
there must be at least “slight evidence” supporting the instruction.
Munn v. State,
313 Ga. 716, 722 (873 SE2d 166) (2022). Appellant
asserts that the trial court obviously erred in failing to instruct the
jury on OCGA §
16-3-23.1, which says:
A person who uses threats or force in accordance
with Code Section
16-3-21, relating to the use of force in
defense of self or others, Code Section
16-3-23, relating to
the use of force in d...
CopyCited 4 times | Published | Supreme Court of Georgia | Aug 13, 2024 | 319 Ga. 556
...deficient
performance, the result of the case would have been different. See
3 At the time of the crime, OCGA §
16-3-24.2 stated:
A person who uses threats or force in accordance with Code
Section
16-3-21,
16-3-23,
16-3-23.1, or
16-3-24 shall be immune
from criminal prosecution therefor unless in the use of deadly
force, such person utilizes a weapon the carrying or possession of
which is unlawful by such person under Part 2 of Article 4 of
Chapter 11 of this title.
See also Ga....
CopyCited 4 times | Published | Supreme Court of Georgia | May 29, 2024 | 319 Ga. 149
...force he or she reasonably believes to be necessary.” See Georgia
Suggested Pattern Jury Instructions, Vol. II: Criminal Cases §§
3.10.10; 3.10.13.
These charges were a correct statement of the law, see OCGA
§§
16-3-20 (1);
16-3-21 (a);
16-3-23.1, and, given the evidence
presented, the trial court did not err in also giving the suggested
pattern jury instruction on excessive force as part of its broader
instructions on self-defense....
CopyCited 2 times | Published | Supreme Court of Georgia | Oct 15, 2024 | 320 Ga. 66
CopyCited 1 times | Published | Supreme Court of Georgia | May 28, 2025
CopyCited 1 times | Published | Supreme Court of Georgia | Apr 18, 2023 | 316 Ga. 141
...6 Harris led officers to several different areas where he claimed that he
threw the gun, but they were unable to locate it.
7 OCGA §
16-3-24.2 provides:
A person who uses threats or force in accordance with Code
Section
16-3-21,
16-3-23,
16-3-23.1, or
16-3-24 shall be immune
from criminal prosecution therefor unless in the use of deadly
force, such person utilizes a weapon the carrying or possession of
which is unlawful by such person under Part 2 of Article 4 of...
CopyPublished | Supreme Court of Georgia | Mar 18, 2025 | 321 Ga. 292
...a trial court’s order granting or denying immunity to include explicit
factual findings or conclusions of law. See OCGA §
16-3-24.2
(providing that “[a] person who uses threats or force in accordance
with Code Section
16-3-20,
16-3-21,
16-3-23,
16-3-23.1,
16-3-24,
or
17-4-20 shall be immune from criminal prosecution therefor
unless in the use of deadly force, such person utilizes a weapon the
carrying or possession of which is unlawful by such person under
Part 2 of Article 4 of Chapter 11 of this title”)....
Published | Supreme Court of Georgia | Mar 4, 2025 | 321 Ga. 292
Published | Supreme Court of Georgia | Dec 14, 2021 | 321 Ga. 292
