Hill v. State
310 Ga. App. 695
| Ga. Ct. App. | 2011Background
- Hill was convicted of aggravated assault; self-defense was Hill's sole defense; trial court charged self-defense but not the pattern instruction on lack of duty to retreat; prosecutor questioned Hill and argued about retreat; the jury could credit Hill or the State based on witness credibility; evidence did not obviously compel guilt beyond a reasonable doubt; this combination warranted reversal and remand for new trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Duty to retreat instruction omitted | Hill argues lack of retreat instruction is reversible error | State contends no error | Reversible error; remand for new trial |
| Sufficiency of evidence given self-defense claim | Hill's self-defense theory created reasonable doubt | State disproved self-defense beyond reasonable doubt | Sufficient to support conviction beyond a reasonable doubt |
Key Cases Cited
- Johnson v. State, 253 Ga. 37, 315 S.E.2d 871 (1984) (1984) (entitles defendant to lack of duty to retreat charge when self-defense is sole defense and issue raised)
- Lewis v. State, 292 Ga.App. 257, 663 S.E.2d 721 (2008) (2008) (non-aggressor not required to retreat; pattern instruction appropriate when raised by evidence)
- Felder v. State, 291 Ga.App. 740, 662 S.E.2d 826 (2008) (2008) (reversible error if retreat issue raised and guilt not overwhelming)
- Jackson v. State, 237 Ga.App. 746, 516 S.E.2d 792 (1999) (1999) (jury credibility determination governs self-defense resolution; retreat instruction error when not overwhelming)
- Higginbotham v. State, 287 Ga. 187, 695 S.E.2d 210 (2010) (2010) (high court on retreat instruction depending on whether prosecutor raised issue)
- Muckle v. State, 307 Ga.App. 634, 705 S.E.2d 721 (2011) (2011) (conflicting testimony; sufficient evidence review standard)