State v. Hipp
314 Ga. App. 520
Ga. Ct. App.2012Background
- Hipp involved in a physical altercation in which he drew a knife; police arrested him and charged simple battery and aggravated assault.
- Pre-trial immunity motion under OCGA § 16-3-24.2 was heard; Hipp and his son testified to self-defense, uncontroverted by State.
- Trial court denied the immunity motion prior to trial, finding the evidence suggested mutual combat rather than self-defense.
- At trial, the State presented victim and eyewitness testimony showing Hipp initiated the confrontation and produced a knife; jury convicted Hipp of aggravated assault and simple battery.
- Hipp moved for new trial alleging insufficiency of evidence and improper pre-trial immunity ruling; trial court granted new trial based on immunity finding, which the State appealed.
- Georgia Court of Appeals held that post-conviction immunity determination was unauthorized and reversed the trial court’s grant of a new trial on that basis.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Can immunity under OCGA § 16-3-24.2 be granted post-trial? | Hipp contends pretrial immunity should stand if proven; post-trial grant is permissible. | State maintains immunity may only be determined before trial. | No; post-trial immunity determination is unauthorized. |
| Must OCGA § 16-3-24.2 immunity be determined pretrial? | Immunity should be determined prior to trial as a threshold issue. | Immunity can be revisited as needed. | Immunity must be resolved pretrial; trial proceeding cannot be conditioned on pretrial ruling. |
| What is the effect when the jury rejects self-defense? | If self-defense is rejected, immunity may still govern outcome. | Once guilt is found beyond a reasonable doubt, immunity under §16-3-24.2 is moot. | Immunity ceases to apply after a jury verdict rejecting self-defense. |
Key Cases Cited
- Fair v. State, 284 Ga. 165 (2008) (pretrial immunity ruling must occur before trial)
- Bunn v. State, 284 Ga. 410 (2008) (burden to show immunity by preponderance; trial court decides first)
- Eason v. State, 261 Ga.App. 221 (2003) ( OCGA 16-3-24.2 applicability ends after jury rejection of self-defense)
- State v. Green, 289 Ga. 802 (2011) (self-defense justified acts negate criminal liability; immunity interplay with verdict)
- Demery v. State, 287 Ga. 805 (2010) (if justified in self-defense, no crime can be proved)