Opinion

Head v. State

  • 253 Ga. 429
  • 322 S.E.2d 228
  • 1984 Ga. LEXIS 971
Court
Supreme Court of Georgia
Filed
Oct 17, 1984
Status
Published
Author
Hill
On the bench
Weltner, Marshall, Smith, Bell, Divisions, Hill, Clarke, Gregory
Cited by
104 cases

Overruled on other grounds by Ross v. State, 279 Ga. 365 (2005)

finding that introduction of prior felony evidence had “nothing to do with any element of [the other charges], except the forbidden (albeit perhaps the most illuminating) realm of character and propensity for violent crimes”

How later courts described this case

  • finding that introduction of prior felony evidence had “nothing to do with any element of [the other charges], except the forbidden (albeit perhaps the most illuminating) realm of character and propensity for violent crimes”
  • finding that “[tjhere were no limitations imposed by the trial court as to the use to which the jury properly might put the evidence of prior convictions”
  • stating in dicta that a curative instruction would be sufficient to avoid harm from admission of prior conviction
  • overruled on another ground, Ross v. State, 279 Ga. 365 (2) (614 SE2d 31) (2005)

Written by the judges who cited it.

Later courts went against this

  • Overruled on other grounds by Ross v. State, 279 Ga. 365 (2005)

    253 Ga. 429 ( 322 SE2d 228 ) (1984), overruled in part on other grounds by Ross v. State, 279 Ga. 365
    Supreme Court of GeorgiaMay 23, 20057 citing opinionsother groundsRead it

Distinguished

  • Distinguished by Bogan v. State, 177 Ga. App. 614 (1986)

    Head, supra, is distinguishable on its facts.
    Court of Appeals of GeorgiaJan 30, 1986Read it

The opinion

Hill, Chief Justice,

concurring specially.

I concur in the opinion of the court, except paragraph (d) of Division 3. Although paragraph (d) is procedural, my disagreement with it is substantive.

In my view a person who defends himself or herself against an aggressor’s attack and who, without malice or intent, causes the aggressor’s death in self-defense, should not nevertheless be guilty of felony murder on the basis that such person is guilty of possession (however momentary) of a firearm by a convicted felon. That is to say, in my view, a person should not be denied the right of self-defense because such person is a convicted felon.

As this substantive issue is not before us at this time, I concur in the judgment.

I am authorized to state that Justice Clarke and Justice Smith, join in this special concurrence.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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