Legal Opinion · Dissent

Casillas v. State

Court of Appeals of Georgia

Decided August 3, 1998No. A98A0932Published

1DissentMcMurray, Presiding Judge

I respectfully dissent from the judgment of affirmance. In my view, defendant was entitled, under this Court’s precedent, to put up evidence of the victim’s pattern of reckless behavior while under the influence of alcohol, as an exception to the general rule that the character of the victim is not legally relevant. It is further my opinion that the erroneous exclusion of this relevant and material evidence mandates reversal of defendant’s convictions for involuntary manslaughter during the commission of the unlawful act of reckless conduct and possession of a firearm during the commission of…

2Cases cited14 opinions

  1. Johnson v. StateSupreme Court of Georgia · 1976
  2. Jones v. StateSupreme Court of Georgia · 1994
  3. Haynes v. StateSupreme Court of Georgia · 1855
  4. Moss v. StateCourt of Appeals of Georgia · 1992
  5. Snelling v. StateCourt of Appeals of Georgia · 1994

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