Dixon v. State

How courts have described this case

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

• explaining that under OCGA § 16-6-4 (c), evidence of pain is sufficient to support a jury 20 finding that an act of child molestation physically injured the victim
• applying rule of lenity where \the [s]tate retained the discretion to prosecute the exact same conduct as either misdemeanor statutory rape or felony child molestation\
• According to the rule of lenity, when “any uncertainty develops as to which penal clause is applicable, the accused is entitled to have the lesser of [the] two penalties administered.” (citation and punctuation omitted)
• “The rule of lenity is particularly applicable where the two crimes at issue involve different grades of punishment, i.e., a misdemeanor and a felony.”
• rule of lenity applies where “the same conduct would result in the imposition of dramatically different penalties under the two statutes”
• “The rule derives from the instinctive distaste against men languishing in prison unless the lawmaker has clearly said that they should.” (punctuation omitted)

Source: CourtListener parenthetical corpus (CC0).

Cited by

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

• McNair v. State
  Supreme Court of Georgia· 2013-07-01· cited 32×
• Selfe v. State
  Court of Appeals of Georgia· 2008-04-09· cited 30×
• Metts v. State
  Court of Appeals of Georgia· 2009-04-06· cited 27×
• Gordon v. the State
  Court of Appeals of Georgia· 2015-11-23· cited 25×
• State v. Hanna
  Supreme Court of Georgia· 2019-02-04· cited 18×
• Maynard v. State
  Court of Appeals of Georgia· 2006-11-29· cited 17×
• Ferrell v. State
  Court of Appeals of Georgia· 2007-02-06· cited 16×
• Smallwood v. State
  Supreme Court of Georgia· 2020-11-12· cited 16×
• White v. State
  Court of Appeals of Georgia· 2013-01-15· cited 15×
• Quaweay v. State
  Court of Appeals of Georgia· 2005-07-27· cited 14×
• Mathis v. the State
  Court of Appeals of Georgia· 2016-03-16· cited 14×
• Daniels v. State
  Court of Appeals of Georgia· 2013-03-13· cited 14×
• Dawkins v. State
  Court of Appeals of Georgia· 2006-03-22· cited 11×
• Raybon v. State
  Court of Appeals of Georgia· 2011-04-18· cited 11×
• McNair v. State
  Court of Appeals of Georgia· 2014-03-25· cited 11×
• Daddario v. State
  Supreme Court of Georgia· 2019-10-31· cited 11×
• Dowling v. State
  Court of Appeals of Georgia· 2006-04-14· cited 10×
• ROUEN v. State
  Court of Appeals of Georgia· 2011-10-12· cited 10×
• Velasquez v. State
  Court of Appeals of Georgia· 2005-11-23· cited 9×
• Wilson v. State
  Court of Appeals of Georgia· 2006-04-28· cited 9×

Cites

22 cases in this archive are cited by this case; the 20 most cited are listed.

• United States v. R. L. C.
  Supreme Court· 1992-03-24· cited 179×
• United States v. RLC
  Supreme Court· 1992-03-24· cited 169×
• Mathis v. Cannon
  Supreme Court of Georgia· 2002-11-25· cited 70×
• State v. Collins
  Supreme Court of Georgia· 1998-10-26· cited 64×
• Vines v. State
  Supreme Court of Georgia· 1998-05-18· cited 63×
• Montes v. State
  Supreme Court of Georgia· 1992-10-22· cited 60×
• Gee v. State
  Supreme Court of Georgia· 1969-11-06· cited 57×
• Mann v. State
  Supreme Court of Georgia· 2001-01-22· cited 44×
• McClellan v. State
  Supreme Court of Georgia· 2002-03-11· cited 43×
• Hines v. State
  Supreme Court of Georgia· 2003-03-27· cited 41×
• State v. English
  Supreme Court of Georgia· 2003-03-24· cited 39×
• Brown v. State
  Supreme Court of Georgia· 2003-05-19· cited 38×
• Butterworth v. Butterworth
  Supreme Court of Georgia· 1971-02-15· cited 33×
• Carter v. State
  Supreme Court of Georgia· 1998-05-04· cited 30×
• Cross v. State
  Supreme Court of Georgia· 1969-11-06· cited 28×
• Jenkins v. State
  Supreme Court of Georgia· 1995-06-30· cited 27×
• State v. Tiraboschi
  Supreme Court of Georgia· 1998-09-21· cited 26×
• Chandler v. State
  Supreme Court of Georgia· 1988-02-04· cited 19×
• State v. Allmond
  Court of Appeals of Georgia· 1997-03-17· cited 16×
• Taylor v. State
  Supreme Court of Georgia· 2002-09-16· cited 11×