Higginbotham 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 the no-duty-to-retreat instruction was not warranted when the issue of retreat was not raised by the evidence
• juror did not meet the qualification for dismissal for cause, merely because he knew the father of the victim
• juror did not meet the qualification for dismissal for cause, merely because he knew the father of the victim
• no error in failure to instruct on no duty to retreat where appellant came to victim’s apartment and fought with victim before shooting him, and appellant was not questioned as to why he did not leave the scene
• trial counsel did not render ineffective assistance when he failed to request removal of juror who was “pretty sure” he knew the father of murder victim where juror did not meet the qualification for dismissal for cause
• \Appellant's failure to object to the charge as given before the jury retired to deliberate constitutes waiver of the issue on appeal (OCGA § 17-8-58(a)) unless `such portion of the jury charge constitutes plain error which affects substantial rights of the parties.' OCGA § 17-8-58(b).\

Source: CourtListener parenthetical corpus (CC0).

Cited by

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

• State v. Kelly
  Supreme Court of Georgia· 2011-11-07· cited 546×
• Shaw v. State
  Supreme Court of Georgia· 2013-05-06· cited 147×
• Collier v. State
  Supreme Court of Georgia· 2011-03-07· cited 73×
• White v. State
  Supreme Court of Georgia· 2012-04-24· cited 59×
• Ellis v. State
  Supreme Court of Georgia· 2013-01-07· cited 55×
• Poole v. State
  Supreme Court of Georgia· 2012-11-05· cited 46×
• Smith v. State
  Supreme Court of Georgia· 2010-11-08· cited 41×
• Smith v. State
  Court of Appeals of Georgia· 2010-11-08· cited 40×
• Harris v. State
  Supreme Court of Georgia· 2020-10-19· cited 36×
• Tyner v. State
  Court of Appeals of Georgia· 2012-01-13· cited 28×
• Cade v. State
  Supreme Court of Georgia· 2011-10-03· cited 27×
• Ferrell v. State
  Court of Appeals of Georgia· 2011-10-18· cited 21×
• Arbegast v. the State
  Court of Appeals of Georgia· 2015-06-22· cited 20×
• Hargrove v. State
  Supreme Court of Georgia· 2012-11-05· cited 19×
• DELEON v. State
  Supreme Court of Georgia· 2011-10-03· cited 15×
• Brown v. State
  Court of Appeals of Georgia· 2011-05-06· cited 13×
• Cook v. the State
  Court of Appeals of Georgia· 2016-08-08· cited 13×
• Smith v. State
  Court of Appeals of Georgia· 2011-03-17· cited 12×
• Massey v. State
  Court of Appeals of Georgia· 2010-09-23· cited 11×
• Whittaker v. State
  Supreme Court of Georgia· 2023-08-21· cited 11×

Cites

18 cases in this archive are cited by this case.

• Jackson v. Virginia
  Supreme Court· 1979-10-01· cited 79,490×
• Brady v. Maryland
  Supreme Court· 1963-05-13· cited 33,902×
• Crawford v. Washington
  Supreme Court· 2004-03-08· cited 14,756×
• Fuller v. State
  Supreme Court of Georgia· 2004-01-12· cited 227×
• Brodes v. State
  Supreme Court of Georgia· 2005-06-16· cited 139×
• Coleman v. State
  Supreme Court of Georgia· 2009-11-09· cited 103×
• Wilson v. State
  Supreme Court of Georgia· 2003-09-22· cited 83×
• Wisdom v. State
  Supreme Court of Georgia· 1975-06-02· cited 71×
• Phillips v. State
  Supreme Court of Georgia· 2009-02-09· cited 71×
• Johnson v. State
  Supreme Court of Georgia· 1984-05-15· cited 46×
• Walton v. State
  Supreme Court of Georgia· 2004-09-27· cited 45×
• Stokes v. State
  Supreme Court of Georgia· 2007-02-26· cited 42×
• Jones v. State
  Supreme Court of Georgia· 2005-12-01· cited 24×
• Zellars v. State
  Supreme Court of Georgia· 2004-10-12· cited 23×
• Treadwell v. State
  Supreme Court of Georgia· 2009-09-28· cited 19×
• Jackson v. State
  Court of Appeals of Georgia· 1999-04-23· cited 14×
• Bell v. State
  Court of Appeals of Georgia· 1992-02-17· cited 10×
• Ward v. State
  Supreme Court of Georgia· 1985-06-19· cited 7×