Brewer v. State

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that commission of sodomy on a victim under the legal age of consent was automatically perpetrated with force
• holding that State is required to prove actual force, although only minimal evidence is required, as a separate element of an aggravated sodomy charge involving a child under the age of consent
• reversing conviction of aggravated sodomy where child victim repeatedly denied every suggestion of physical force, threats, and intimidation
• holding prior to 2000 amendment to OCGA § 16-6-2 (a) (2) – providing that an act of sodomy performed on a child under 10 constitutes aggravated sodomy – that proof of actual force required to establish crime of aggravated sodomy involving any child victim
• \only a minimal amount of evidence is necessary to prove that an act of sodomy against a child was forcible\
• “only a minimal amount of evidence is necessary to prove that an act of sodomy against a child was forcible”

Source: CourtListener parenthetical corpus (CC0).

Cited by

47 cases in this archive cite this case; the 20 most cited are listed.

• Heidler v. State
  Supreme Court of Georgia· 2000-10-02· cited 77×
• Luurtsema v. Commissioner of Correction
  Supreme Court of Connecticut· 2011-01-05· cited 52×
• Adams v. State
  Supreme Court of Georgia· 2011-02-07· cited 50×
• Melton v. State
  Court of Appeals of Georgia· 2006-12-01· cited 37×
• State v. Marcum
  Tennessee Supreme Court· 2003-06-24· cited 35×
• Howard v. State
  Court of Appeals of Georgia· 2006-10-05· cited 28×
• Luke v. Battle
  Supreme Court of Georgia· 2002-07-03· cited 21×
• Williams v. State
  Court of Appeals of Georgia· 2008-03-04· cited 21×
• Driggers v. State
  Court of Appeals of Georgia· 2009-01-27· cited 20×
• Hyman v. State
  Supreme Court of Georgia· 2000-06-12· cited 17×
• Schneider v. State
  Court of Appeals of Georgia· 2004-05-20· cited 16×
• Madison v. State
  Court of Appeals of Georgia· 2014-11-20· cited 15×
• Alvarado v. State
  Court of Appeals of Georgia· 2001-03-28· cited 14×
• Beck v. State
  Court of Appeals of Georgia· 2001-07-19· cited 14×
• Summerour v. State
  Court of Appeals of Georgia· 2000-03-03· cited 11×
• Pace v. State
  Supreme Court of Georgia· 2001-06-11· cited 11×
• In the Interest of J. D.
  Court of Appeals of Georgia· 2000-04-17· cited 10×
• Boileau v. State
  Court of Appeals of Georgia· 2007-04-12· cited 10×
• Kendrick v. State
  Court of Appeals of Georgia· 2004-09-13· cited 10×
• Henry v. State
  Court of Appeals of Georgia· 2005-06-30· cited 8×

Cites

13 cases in this archive are cited by this case.

• Powell v. State
  Supreme Court of Georgia· 1998-11-23· cited 106×
• Drake v. State
  Supreme Court of Georgia· 1977-05-26· cited 101×
• State v. Collins
  Supreme Court of Georgia· 1998-10-26· cited 64×
• Cooper v. State
  Supreme Court of Georgia· 1987-01-28· cited 35×
• Carter v. State
  Court of Appeals of Georgia· 1970-06-12· cited 31×
• Luke v. State
  Court of Appeals of Georgia· 1996-06-21· cited 28×
• Ingram v. State
  Court of Appeals of Georgia· 1993-12-03· cited 23×
• Bullock v. State
  Court of Appeals of Georgia· 1991-11-13· cited 22×
• Daniel v. State
  Court of Appeals of Georgia· 1990-02-13· cited 19×
• Huggins v. State
  Court of Appeals of Georgia· 1989-09-18· cited 19×
• Cooper v. State
  Court of Appeals of Georgia· 1986-07-15· cited 17×
• Patterson v. State
  Court of Appeals of Georgia· 1999-03-17· cited 8×
• Brewer v. State
  Court of Appeals of Georgia· 1999-06-11· cited 5×