Public-domain · open source
OpenJurist

262 Ga. 437

421 S.E.2d 69

92 FultonCountyD.Rep. 2216

Wallace v. Higgs

Supreme Court of Georgia

Decided October 2, 1992

Supreme Court of Georgia · decided 1992-10-02

Relies on Sandstrom v. Montana · Isaacs v. State · 187 Ga. App. 878 - Powell v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1992-10-02

How this case has been cited

Cited by 10 later decisions — most recently November 2011

10 state decisions

40199220002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Hunt, Justice.

¶1 The warden appeals the habeas court’s grant of Higgs’ petition for the writ of habeas corpus. The habeas court, citing Powell v. State, 187 Ga. App. 878 (4) (372 SE2d 234) (1988), held the trial *438 court’s charge on intent was unconstitutionally burden-shifting because it required a mandatory inference of intent. See Sandstrom v. Montana, 442 U. S. 510 (99 SC 2450, 61 LE2d 39) (1979).

Decided October 2, 1992. Michael J. Bowers, Attorney General, Susan V. Boleyn, Senior Assistant Attorney General, Massie H. McIntyre, Special Assistant Attorney General, C. A. Benjamin Woolf, Staff Attorney, for appellant. Stubbs & Associates, M. Francis Stubbs, for appellee.

¶2 In Isaacs v. State, 259 Ga. 717, 735 (35b) (386 SE2d 316) (1989), we distinguished permissive inferences or presumptions from those which are unconstitutionally mandatory:

A permissive inference is an evidentiary device that permits, but does not require, the jury to infer the elemental fact from proof by the prosecutor of the basic fact. By contrast, a mandatory presumption instructs the jury that it must infer the elemental fact once the state has proved the basic fact. The difference between the two may be found in the presence or absence of “language of command” such as “shall be.” An instruction containing a mandatory presumption commands that the jury reach a particular conclusion, while an instruction couched in terms of an inference merely suggests, but does not command, that the jury do so. . . .

¶3Id. at 735. Thus, in Powell v. State, supra, the Court of Appeals correctly held that the language contained in the trial court’s charge on intent, “the law infers,” is mandatory since the jury is told that a finding of fact x legally follows from proof of fact y. Id.

¶4 Here, however, the jury was instructed that it “may infer” intent to kill from the proof of other acts. “Phrases such as ‘intent may be inferred ... ,’ or ‘it is reasonable to infer ... ,’ or ‘you may draw the inference that. . . ,’ are clearly permissive in nature.” Id. at 736. Thus, the trial court’s charge on intent was permissive and not unconstitutionally burden-shifting. The habeas court erred by granting Higgs’ petition for the writ of habeas corpus. Id.; Barron v. State, 261 Ga. 814, 815 (2) (411 SE2d 494) (1992).

¶5 Judgment reversed.

Clarke, C. J., Bell, P. J., Benham, Fletcher and Sears-Collins, JJ., concur.
/262/ga/437 · .json · Public domain