Green v. State

I respectfully dissent because I believe the trial court erred in rejecting defendant Addie Green’s requested jury instruction on her only defense at trial — i.e., a person’s right to resist an unlawful arrest. Justification based on a person’s right to resist an unlawful arrest is a recognized defense in Georgia. See OCGA § 16-3-20 (5), (6); Davis v. State, 172 Ga. App. 193, 194 (1) (322 SE2d 497). Since defendant Green justified her resistance to arrest based on her perception that she was being illegally restrained by a law enforcement officer, the trial court erred in failing to charge…