State v. Green
289 Ga. 802
| Ga. | 2011Background
- Jeffrey Waldon died Jan. 19, 2008 after a knife punctured his femoral artery during a struggle with Deiran Green.
- Green was indicted for malice murder, felony murder, aggravated assault, and possession of a knife during a felony.
- Green moved for dismissal on immunity grounds under OCGA § 16-3-24.2; the trial court granted immunity.
- The trial court found Green acted in self-defense under OCGA § 16-3-21 due to Waldon’s imminent unlawful force and Green’s reasonable fear.
- State appealed the immunity ruling; Mullins v. State and related authorities were cited in evaluating immunity standards.
- On review, the Georgia Supreme Court affirmed, applying the correct standard that threats or force can justify immunity.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does OCGA § 16-3-21 require actual force for justification? | Green: no actual force required; threats suffice. | State: requires evidence of force used to justify immunity. | Threat or force sufficient; immunity can apply based on reasonable belief of necessity. |
| Was Green entitled to immunity given he possessed a knife during the confrontation? | Green used force or threatened force in self-defense; immunity applies. | State: no fatal flaw; Green’s actions permissible under self-defense doctrine. | Yes; Green justified under OCGA § 16-3-21 and immune under § 16-3-24.2. |
| Does self-defense immunity defeat charges for aggravated assault during the same confrontation? | Green’s actions were justified; immunity should cover the encounter. | State: still a crime at issue despite justification may negate immunity. | If justified under § 16-3-21, no crime occurred; immunity prevails. |
Key Cases Cited
- Mullins v. State, 287 Ga. 302 (Ga. 2010) (supports preponderance standard for immunity findings)
- Bunn v. State, 284 Ga. 410 (Ga. 2008) (defendant must prove entitlement to immunity by preponderance)
- Demery v. State, 287 Ga. 805 (Ga. 2010) (if justified in killing under § 16-3-21, no crime exists)
- State v. Green, 288 Ga. 1 (Ga. 2010) (reemphasizes proper standard for self-defense immunity after remand)