Gabriel v. State

How courts have described this case

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

• concluding that there was no error in not giving mistake-of-fact charge where any mistake on defendant’s part was due to his own negligence in firing blindly at an unidentified noise
• considering the facts that the defendant was asked whether he would go to the sheriffs office and that he was told that he was not under arrest and was free to leave as factors weighing in favor of not finding custody
• no charge on mistake of fact required where defendant made no attempt to determine source of noise before shooting
• if an officer tells a suspect that he is not under arrest or is free to leave before he makes a statement, it is a factor supporting the conclusion that the defendant was not in custody
• if an officer tells a suspect that he is not under arrest or is free to leave before he makes a statement, it is a factor supporting the conclusion that the defendant was not in custody

Source: CourtListener parenthetical corpus (CC0).

Cited by

20 cases in this archive cite this case.

• Clay v. State
  Supreme Court of Georgia· 2012-03-19· cited 117×
• Bell v. State
  Supreme Court of Georgia· 2006-04-25· cited 40×
• Sewell v. State
  Supreme Court of Georgia· 2008-06-02· cited 27×
• Scott v. State
  Supreme Court of Georgia· 2006-11-20· cited 23×
• Castaneira v. State
  Court of Appeals of Georgia· 2013-03-26· cited 22×
• Bowling v. State
  Supreme Court of Georgia· 2011-10-17· cited 20×
• Taylor v. State
  Court of Appeals of Georgia· 2010-08-30· cited 17×
• Axelburg v. State
  Court of Appeals of Georgia· 2008-10-31· cited 16×
• Harmon v. State
  Court of Appeals of Georgia· 2006-08-10· cited 12×
• Johnson v. State
  Court of Appeals of Georgia· 2008-07-24· cited 12×
• Puga-Cerantes v. State
  Supreme Court of Georgia· 2006-09-18· cited 11×
• Bibb v. State
  Court of Appeals of Georgia· 2012-03-21· cited 11×
• Taylor v. State
  Court of Appeals of Georgia· 2008-09-16· cited 9×
• Kohler v. State
  Court of Appeals of Georgia· 2009-11-02· cited 6×
• Hines v. State
  Supreme Court of Georgia· 2021-12-14· cited 1×
• Richard Charles Fontaine v. Joan Thomas Guth
  Eleventh Circuit· 2005-03-08
• Major v. State
  Court of Appeals of Georgia· 2010-10-05
• Roy C. Chambers v. State
  Court of Appeals of Georgia· 2021-09-15
• Ryan Castaneira v. State
  Court of Appeals of Georgia· 2013-03-26
• Booze v. State
  Supreme Court of Georgia· 2026-06-16

Cites

8 cases in this archive are cited by this case.

• Jackson v. Virginia
  Supreme Court· 1979-10-01· cited 79,490×
• Jackson v. State
  Supreme Court of Georgia· 2000-03-13· cited 35×
• Crawford v. State
  Supreme Court of Georgia· 1997-01-21· cited 32×
• State v. Dickerson
  Supreme Court of Georgia· 2001-02-05· cited 31×
• Agee v. State
  Supreme Court of Georgia· 2005-10-24· cited 23×
• Morris v. State
  Court of Appeals of Georgia· 2004-07-02· cited 17×
• Hannah v. State
  Supreme Court of Georgia· 2004-07-12· cited 15×
• Ruff v. State
  Court of Appeals of Georgia· 2004-03-31· cited 3×