Legal Opinion

Talton v. State

Court of Appeals of Georgia

Decided February 13, 2002No. A01A2005PublishedCited by 25 opinions

1Opinion of the Court

Ellington, Judge.

A Taylor County jury convicted Xavier A. Taitón of aggravated assault, OCGA § 16-5-21, and possession of a firearm during the commission of a crime, OCGA § 16-11-106 (b) (1). Taitón appeals from the denial of his motion for new trial, challenging his conviction for aggravated assault on several grounds. Because the trial court gave an erroneous and misleading jury instruction defining aggravated assault that resulted in a violation of Talton’s due process rights, we must reverse.

The record reveals the following relevant facts. On September 26, 1998, Taitón attended a birthday…

2Cases cited12 opinions

  1. Jackson v. VirginiaSupreme Court of the United States · 1979
  2. Childs v. StateSupreme Court of Georgia · 1987
  3. Walker v. StateCourt of Appeals of Georgia · 1978
  4. Whisnant v. StateCourt of Appeals of Georgia · 1986
  5. Dobbs v. StateSupreme Court of Georgia · 1976

7 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

  1. Quiroz v. StateCourt of Appeals of Georgia · 2008
  2. Flournoy v. StateSupreme Court of Georgia · 2014
  3. Patel v. StateSupreme Court of Georgia · 2004
  4. Moore v. StateCourt of Appeals of Georgia · 2006
  5. Dukes v. StateCourt of Appeals of Georgia · 2003

20 more not listed; retrieve them via the Exa API.

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