Moon v. State

How courts have described this case

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

• acknowledging theft by taking and focusing defense on “more serious charge” of kidnapping was reasonable strategy
• justification charge not warranted where defendant’s decision to take truck to get to clinic for his methadone treatment, after suffering heroin withdrawal, was not only option available to him
• no justification charge required where, in a non-emergency situation, a drug addict undergoing physical symptoms of withdrawal stole a truck so he could get to a clinic for medication, when he instead could have asked bystanders for help or called 911
• no justification charge required where, in a non- emergency situation, a drug addict undergoing physical symptoms of withdrawal stole a truck so he could get to a clinic for medication, when he instead could have asked bystanders for help or called 911
• The trial court did not err in failing to charge, sua sponte, on justification where the evidence showed that the defendant, a drug addict, had options available to him other than stealing a car in order to drive to a clinic to get his medication.
• in a theft case trial court did not err in failing to give justification charge when defendant’s decision to take a truck was not the only option available to him; defendant was offered help by a bystander, which he refused, and he could have called 911

Source: CourtListener parenthetical corpus (CC0).

Cited by

10 cases in this archive cite this case.

• Childress v. State
  Court of Appeals of Georgia· 2001-10-11· cited 29×
• London v. State
  Court of Appeals of Georgia· 2007-12-14· cited 5×
• Mosely v. State
  Court of Appeals of Georgia· 2004-05-06· cited 5×
• Isenhower v. State
  Court of Appeals of Georgia· 2013-10-28· cited 5×
• Jones v. State
  Court of Appeals of Georgia· 2012-04-19· cited 3×
• Miller v. the State
  Court of Appeals of Georgia· 2015-11-03
• Haynes v. State
  Court of Appeals of Georgia· 2016-06-15
• Karen White Isenhower v. State
  Court of Appeals of Georgia· 2013-10-28
• Darryl Haynes v. State
  Court of Appeals of Georgia· 2016-06-15
• Travis Carter v. State
  Court of Appeals of Georgia· 2026-03-05

Cites

13 cases in this archive are cited by this case.

• Jackson v. Virginia
  Supreme Court· 1979-10-01· cited 79,490×
• Davis v. State
  Supreme Court of Georgia· 1998-03-02· cited 107×
• Tarvestad v. State
  Supreme Court of Georgia· 1991-10-18· cited 103×
• Gaither v. State
  Supreme Court of Georgia· 1975-05-20· cited 56×
• Dewberry v. State
  Supreme Court of Georgia· 1999-11-01· cited 53×
• Williams v. State
  Court of Appeals of Georgia· 1994-07-21· cited 20×
• Concepcion v. State
  Court of Appeals of Georgia· 1992-07-02· cited 17×
• Whitner v. State
  Court of Appeals of Georgia· 1992-01-29· cited 17×
• Bell v. State
  Court of Appeals of Georgia· 1997-04-28· cited 9×
• Odum v. State
  Court of Appeals of Georgia· 1996-02-20· cited 8×
• Heath v. State
  Court of Appeals of Georgia· 1999-09-28· cited 7×
• Kunis v. State
  Court of Appeals of Georgia· 1999-05-27· cited 7×
• Carter v. State
  Court of Appeals of Georgia· 1998-11-12· cited 6×