239 Ga. App. 429 - Graham v. State’s Empirical Analysis
1999
Citation profile
12
cited by 12 later decisions
1
states following
February 2019
most recently cited
12 state decisions
Relationships
Relies on Jackson v. Virginia · 195 Ga. App. 463 - Grant v. State · Smith v. State · McClesky v. State · 228 Ga. App. 193 - Kapua v. State
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"In this state, the battered person syndrome is not a separate defense and (evidence supporting this syndrome) is admissible only to assist the jury in evaluating a defendant's claim of self-defense" under OCGA § 16-3-21. (Citations omitted.) Chester v. State, 267 Ga. 9, 10 , 471 S.E.2d 836 (1996), overruled on other grounds, Smith v. State, 268 Ga. 196, 200, n. 5 , 486 S.E.2d 819 (1997). See also Selman v. State, 267 Ga. 198 , 475 S.E.2d 892 (1996); Chapman v. State, 259 Ga. 706, 707 (4), 386 S.E.2d 129 (1989), overruled on other grounds, Smith v. State, supra, 268 Ga. at 200, n. 5 [ 486 S.E.2d 819 ]; Smith v. State, 247 Ga. 612, 619 , 277 S.E.2d 678 (1981); Pugh v. State, 191 Ga.App. 394 , 382 S.E.2d 143 (1989). However, self-defense is not an issue in this trial, where the criminal acts were directed toward non-aggressor victims. Accordingly, the battered person defense was not available . . . and the trial court did not err in excluding evidence thereof. See Freeman v. State, 269 Ga. 337, 339 (1)(d), 496 S.E.2d 716 (1998).”
1 later decision quote this exact passage“[T]o assert a statutory affirmative defense, such as coercion, the defendant must admit all of the elements of the crime except intent; evidence of coercion is then presented to justify, excuse, or mitigate the crime by showing no criminal intent. After evidence of coercion is presented, the State bears the burden of disproving that defense beyond a reasonable doubt.”
1 later decision quote this exact passage“is performed under such coercion that the person reasonably believes that performing the act is the only way to prevent his imminent death or great bodily injury.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.