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The Statev.Brown

CourtSupreme Court of Georgia
Docket No.S22A0463
DecidedSeptember 20, 2022
Reporter314 Ga. 588
JudgesSupreme Court of Georgia
Tags
CriminalCriminal LawCriminal ProcedureSelf-DefenseDue ProcessVacaturRemandDissent
Case Summary

Terrell Brown sought immunity from prosecution after being charged with murder and related offenses arising from the fatal shooting of Stacey Monts and the shooting of Mario Roscoe. Brown admitted shooting Roscoe but claimed self-defense. The trial court denied immunity without making an express finding on whether Brown was engaged in an armed robbery when the shooting occurred. The Supreme Court of Georgia vacated and remanded. It held that the trial court had to make the required factual findings and then determine whether Brown met his burden for statutory immunity on each count. The court also explained that transferred justification could apply if Brown was legally justified in firing at the intended target, even if a bullet struck another person. Justices Ellington and LaGrua dissented.

Opinion

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