Legal Opinion
Brinkley v. State
Supreme Court of Georgia
Decided October 31, 1984No. 41272, 41273, 41319PublishedCited by 20 opinions
1Opinion of the Court
Gregory, Justice.
Marvin Brinkley and Richard James Smith were convicted of feticide and multiple counts of armed robbery in Fulton Superior Court. They attack their convictions for feticide on the ground the code section, OCGA § 16-5-80, is constitutionally infirm due to vagueness. We disagree and affirm. The State appealed from the order of the trial court setting aside convictions for aggravated assault. As agreed by counsel at oral argument, we do not reach that issue because we affirm the remaining convictions.
The principal issue for decision is whether the feticide statute is vague and…
2Cases cited12 opinions
- Jackson v. VirginiaSupreme Court of the United States · 1979
- Roe v. WadeSupreme Court of the United States · 1973
- Doe v. BoltonSupreme Court of the United States · 1973
- Waters v. StateSupreme Court of Georgia · 1981
- Porter v. LassiterCourt of Appeals of Georgia · 1955
7 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Lawrence v. StateCourt of Criminal Appeals of Texas · 2007
- State v. MacGuireUtah Supreme Court · 2004
- State v. HolcombMissouri Court of Appeals · 1997
- Conyers v. StateSupreme Court of Georgia · 1990
- 66 Federal Credit Union v. TuckerMississippi Supreme Court · 2003
15 more not listed; retrieve them via the Exa API.