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Pearson v. State

Citations

  • 216 Ga. App. 333
  • 454 S.E.2d 205
  • 1995 Ga. App. LEXIS 141

How courts have described this case

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

  • a jury cannot convict of a lesser included offense unless it is charged on the offense
  • where defendant's sole defense to armed robbery charge was that he did not have a weapon, trial counsel's failure to request lesser charge of robbery by intimidation was deficient performance
  • defense counsel's failure to request a lesser-included-offense charge deprived defendant of his only defense
  • defense counsel’s failure to request a lesser-included-offense charge deprived defendant of his only defense
  • where evidence of a lesser included offense was defendant’s testimony that he did not use a weapon during the theft, defendant was entitled to a jury charge of the lesser included offense of theft by taking
  • defense counsel was deemed ineffective for failure to request charge on lesser included offense of theft by taking in prosecution for armed robbery where defendant admitted theft and sole defense was that he did not use a weapon

Source: CourtListener parenthetical corpus (CC0).

Judges: Ruffin, Birdsong, Blackburn

Read full opinion on CourtListener

Cited by

17 cases in this archive cite this case.

Cites

11 cases in this archive are cited by this case.

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Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.